CHERRY v. AUDUBON INS. CO.

No. 2009-CA-1646.

51 So.3d 109 (2010)

Angela Reilly CHERRY v. AUDUBON INSURANCE COMPANY, Disaster Master Restoration/Cleaning L.L.C. and Kenneth J. Taylor.

Court of Appeal of Louisiana, Fourth Circuit.

October 20, 2010.


Attorney(s) appearing for the Case

John W. Redmann , Robert W. Tschirn , Law Office of John W. Redmann, LLC, Metairie, LA, for Angela Reilly Cherry.

John W. Waters, Jr. , Kristin G. Mosely Jones , Bienvenu, Foster, Ryan & O'Bannon, LLC, New Orleans, LA, for Audubon Insurance Company.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).


TERRI F. LOVE, Judge.

This appeal arises from a dispute regarding the amount of insurance proceeds disbursed following a fire in the plaintiffs home. The trial court held that Audubon Insurance Company owed the plaintiff additional monies pursuant to the dwelling coverage and $1,300 for a security deposit. The trial court also awarded $25,000 for bad faith penalties, $25,000 for mental anguish, and forty percent attorneys' fees. We find that the trial court did not...

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