Oubre v. Louisiana Citizens Fair Plan
Supreme Court of Louisiana
1Opinion of the Court
KNOLL, Justice.
| Jhis 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 five thousand dollars when damages are not proven.1
After class certification, plaintiffs/class representatives sought summary judgment in…
Also in this document: Dissent.
2Cases cited43 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Smith v. Our Lady of the Lake Hospital, Inc.Supreme Court of Louisiana · 1994
- Samaha v. RauSupreme Court of Louisiana · 2008
- Canovsky v. GehrsenLouisiana Court of Appeal · 1927
- Duncan v. USAA Ins. Co.Supreme Court of Louisiana · 2007
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3Cited by83 opinions
- Mike Gines v. D.R. Horton, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
- State v. TateSupreme Court of Louisiana · 2013
- Duckworth v. Louisiana Farm Bureau Mutual Insurance Co.Supreme Court of Louisiana · 2012
- Quinn v. Louisiana Citizens Property Insurance Corp.Supreme Court of Louisiana · 2012
- State v. OliphantSupreme Court of Louisiana · 2013
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