Instant Replay Sports, Inc. v. Allstate Insurance Co.

hi respectfully disagree with the majority opinion in this matter. Allstate tendered payment within the 30 day requirement of the mediation agreement, therefore, the judgment of the trial court granting Allstate’s motion for summary judgment and denying plaintiffs’ corollary motion for partial summary judgment should be affirmed.

The present case is analogous to the facts of Nolan v. Audubon Ins. Group, 10-1362 (La.App. 3 Cir. 3/9/11), 59 So.3d 487 in which the insurer tendered payment to the insured within the 30 day statutory allotment. The insured rejected the payments since they “were just…