Thibodeaux v. Audubon Insurance Co.

KING, Judge.

The issue presented by this appeal is whether or not the trial court correctly applied the burden of proof.

Joseph Thibodeaux (hereinafter plaintiff) filed suit for damages, penalties and attorney’s fees against his insurer, Audubon Insurance Company (hereinafter Audubon). The trial court rendered judgment in favor of plaintiff and against defendant for damages in the amount of $4,405.00, but did not render judgment for penalties and attorney’s fees. Defendant appeals from this judgment, alleging that the trial court erroneously shifted the burden of proof from plaintiff to the…