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ALLSTATE INDEM. CO. v. WOOLEY

No. 2006 CA 1388.

961 So.2d 1189 (2007)

ALLSTATE INDEMNITY COMPANY v. J. Robert WOOLEY, Commissioner of Insurance for the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

May 4, 2007.

Attorney(s) appearing for the Case

David R. Kelly, Baton Rouge, Counsel for Plaintiff/Appellee Allstate Indemnity Company.

Chris B. Fontenot, Sr., Colleen Noel Wertz, Baton Rouge, Counsel for Defendant/Appellant Commissioner of Insurance for The State of Louisiana.

Before: PETTIGREW, DOWNING, and HUGHES, JJ.

HUGHES, J.

This appeal by defendant J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, acting on behalf of the Louisiana Department of Insurance (Department), arises out of a dispute with plaintiff Allstate Indemnity Company (Allstate). After the Department sought to impose a penalty on Allstate pursuant to La. R.S. 22:1072, Allstate brought suit in the Nineteenth Judicial District Court seeking declaratory judgment against the penalty.

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