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LOUISIANA BAG CO., INC. v. AUDUBON INDEM. CO.

No. 2008-C-0453.

999 So.2d 1104 (2008)

LOUISIANA BAG COMPANY, INC. and Lapac Manufacturing, Inc. v. AUDUBON INDEMNITY COMPANY.

Supreme Court of Louisiana.

December 2, 2008.

Attorney(s) appearing for the Case

Gieger, Laborde & Laperouse, L.L.C., Robert Irwin Siegel, Carson Wayne Strickland, New Orleans, for applicant.

Allen & Gooch, Robert Anthony Robertson, Lafayette, for respondent.

KIMBALL, J.

We granted certiorari in this matter to review whether an insurer, who fails to tender the undisputed portions of a claim within the thirty-day time period provided by La. R.S. § 22:658, has acted in a manner that is arbitrary, capricious or without probable cause. For the reasons that follow, we find that the court of appeal correctly concluded under the facts of this case that defendant failed to tender...

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