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BUFFMAN INC. v. LAFAYETTE CO.

Nos. 2009-CA-0870, 2009-CA-1241.

36 So.3d 1004 (2010)

BUFFMAN INC., d/b/a St. Rita's Nursing Facility v. LAFAYETTE Insurance COMPANY, Martin Insurance Agency, Incorporated, Ben Ralph And Don Lee.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 12, 2010.

Attorney(s) appearing for the Case

Gilbert V. Andry IV, The Andry Law Firm, L.L.C., New Orleans, LA, James A. Cobb, New Orleans, LA, Pascal F. Calogero, Jr., Pascal F. Calogero, Jr., APLC, New Orleans, LA, for Plaintiff/Appellee.

Stephen N. Elliott, Howard B. Kaplan, Francine M. Giugno, Bernard Cassisa Elliott & Davis, A PLC, Metairie, LA, for Defendant/Appellant, Lafayette Insurance Company.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, SR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

Lafayette Insurance Company insured Buffman, Inc., for property damage caused by wind along with resulting business income losses. Having sustained damage and losses following Hurricane Katrina, Buffman sued Lafayette for amounts it claimed Lafayette was obliged to pay under its insurance policy and for statutory penalties because of the insurer's failure timely to tender payment of amounts due. Based upon the jury's verdict set out in responses...

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