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EDWARDS v. DAUGHERTY

Nos. 2003-C-2103, 2003-C-2104.

883 So.2d 932 (2004)

Virginia Gail EDWARDS, As Natural Tutrix, et al. v. Edward M. DAUGHERTY, Jr., Sphere Drake Ins. Co., et al.

Supreme Court of Louisiana.

October 1, 2004.

Attorney(s) appearing for the Case

Frohn & Thibodeaux, David R. Frohn, Robin A. Anderson, Lake Charles, Counsel for Applicant in No. 2003-C-2103.

Lund & Davis, Clay Davis, Samuel B. Gabb, Lake Charles, Phelps Dunbar, Marshall M. Redmon, Virginia Y. Trainor, Baton Rouge, Woodley, Williams, Boudreaux, Norman, Brown & Doyle, James B. Doyle, David B. Green, Keith Prudhonne, Lake Charles, Counsel for Respondent in No. 2003-C-2103.

Lund & Davis, Clay Davis, Samuel B. Gabb, Lake Charles, Counsel for Applicant in No. 2003-C-2104.

Frohn & Thibodeaux, David R. Frohn, Robin A. Anderson, Lake Charles, Phelps Dunbar, Marshall M. Redmon, Virginia Y. Trainor, Baton Rouge, Woodley, Williams, Boudreaux, Norman, Brown & Doyle, James B. Doyle, David B. Green, Keith Prudhonne, Lake Charles, Counsel for Respondent in No. 2003-C-2104.

Galloway, Johnson, Tompkins, Burr & Smith, Kevin L. Cole, Diana L. Tonagel, for Amicus Curiae.

JOHNSON, Justice.

This matter has been before this Court on numerous occasions over the course of nearly ten years. In its latest decision, the court of appeal reached the following conclusions: (1) the surplus lines insurer may deduct from the policy limits legal fees incurred on behalf of the insured as well as those incurred on the insurer's behalf; (2) it is impermissible for the surplus lines insurer to deduct the payment of legal interest from the policy limits...

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