Johnson v. Fidelity Mut. Ins.

HUNTER, District Judge.

This is a tort action. The defendant, Fidelity Mutual Insurance Company, was the liability insurer of a third party whose negligence allegedly caused the accident in which plaintiff’s husband and son were killed. The suit is brought under the direct action statute of Louisiana.1

The defendant has filed a motion to strike the claims for penalties and attorney’s fees. The claims for these fees are based upon LSA-R.S. 22:658 and the Louisiana Supreme Court decision of Wright v. National Surety Corporation, 1952, 221 La. 486, 59 So.2d 695. The Wright rase extended the…