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SIMS v. USAGENCIES CAS. INS. CO.

No. 2010 CA 1120.

68 So.3d 570 (2010)

James SIMS v. USAGENCIES CASUALTY INSURANCE COMPANY and McHenry Jackson.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 5, 2011.

Attorney(s) appearing for the Case

Stephanie M. Possa , Joseph C. Possa , Baton Rouge, LA, for Plaintiff/Appellant James Sims.

Anthony M. Butler , Shonda D. LeGrande , Baton Rouge, LA, for Defendants/Appellees USAgencies Casualty Insurance Company and McHenry Jackson.

Before PARRO, GUIDRY, and HUGHES, JJ.

HUGHES, J.

This is an appeal from a summary judgment in an action, arising out of a vehicular accident, for personal injuries, property damage, and penalties for the alleged breach of a settlement agreement. For the reasons that follow, we affirm the judgment, which awarded property damages as having been unconditionally tendered, but dismissed the remaining claims, which were found to have been barred by Louisiana's "No Pay, No Play" Statute (LSA-R.S. 32:866).

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