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SMITH v. BAMBINO

No. 2010-CA-1174.

62 So.3d 255 (2011)

Michelle Rae SMITH v. James E. BAMBINO, Erie Insurance and Nationwide Mutual Fire Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

March 18, 2011.

Attorney(s) appearing for the Case

Robert J. Caluda , The Caluda Law Firm, Victor A. Dubuclet III , Metairie, LA, for Plaintiff/Appellee, Michelle Rae Smith.

James Ryan III , Timothy T. Roniger , Jeffrey A. Clayman , James Ryan III & Associates, LLC, New Orleans, LA, for Defendants/Appellants, James E. Bambino and Erie Insurance Company.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR.).

JOAN BERNARD ARMSTRONG, Chief Judge.

Defendants-appellants, James E. Bambino ("Bambino") and his liability insurer, Erie Insurance Company ("Erie"), appeal a judgment dated March 24, 2010, awarding the plaintiff-appellee, Michelle Rae Smith ("Smith") penalties in the sum of $5,000.00 for allegedly failing to pay an agreed upon settlement amount of $85,000.00 within 30 days of the settlement pursuant to La. R.S. 22:1973.

On January 13, 2007, Smith was a passenger...

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