No. 2011-C-0097.

79 So.3d 987 (2011)

Geraldine OUBRE and Linda Gentry on their Behalf, as well as Others, Similarly Situated v. LOUISIANA CITIZENS FAIR PLAN.

Supreme Court of Louisiana.

Rehearing Denied January 20, 2012.

Attorney(s) appearing for the Case

Ates Law Firm, APLC, John Robert Ates , Destrehan, LA, Robert Elton Arceneaux , Metairie, LA, Beevers & Beevers, LLP, Wiley Jerell Beevers , Stephen L. Mauterer , Gretna, LA, Herman, Herman, Katz & Cotlar, LLP, Stephen Jay Herman , Steven J. Lane , The Law Offices of Fred Herman, Fred L. Herman , New Orleans, LA, for Applicant.

Hailey, McNamara, Hall, Larmann & Papale, LLP, Richard Terrell Simmons, Jr. , John T. Culotta , Daren A. Patin , John E. Unsworth, Jr. , Metairie, LA, James D. Caldwell , Attorney General, Uma Maheswari Subramanian , Assistant Attorney General, Wegmann & Babst, LLC, James Anthony Babst , New Orleans, LA, Cynthia Anne Wegmann, for Respondent.

KNOLL, Justice.

This class action litigation presents two issues of first impression for this Court. The first issue, over which the Third and Fifth Circuits are divided, is whether an insurer is subject to the penalties imposed by former La.Rev.Stat. § 22:658(A)(3) for its untimely initiation of loss adjustment in the absence of a showing of bad faith. The second issue is whether the provisions of former La.Rev.Stat. § 22:1220(C) cap those penalties at...

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