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NOLAN v. AUDUBON INS. GROUP

No. CA 10-1362.

59 So.3d 487 (2011)

Tabatha NOLAN, et al. v. AUDUBON INSURANCE GROUP, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 13, 2011.

Attorney(s) appearing for the Case

Gregory John McDonald , Robin Catherine O'Bannon , Bienvenu, Foster, Ryan & O'Bannon, LLC, New Orleans, LA, for Defendants/Appellees, Audubon Insurance Company.

Andrea Suchermann Lestelle , Terrence Jude Lestelle , Jeffrey B. Stuckoff , Richard M. Morgain , Lestelle & Lestelle, APLC, Stephen Drexel Ridley , Metairie, LA, for Plaintiffs/Appellants, Tabatha Nolan, Ciji Nolan Garcia, Blake Nolan, Brent Nolan, Robert Nolan.

Court composed of BILLY HOWARD EZELL, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

EZELL, Judge.

Robert and Tabatha Nolan (the Nolans) appeal a decision of the trial court granting a motion for concursus in favor of Audubon Insurance Company. The Nolans also appeal the trial court's refusal to award them penalties arising from Audubon's alleged failure to pay a settlement under La.R.S. 22:1973. For the following reasons, we hereby affirm the decision of the trial court.

The Nolans obtained a homeowners' insurance policy from Audubon for...

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