Legal Opinion

Smith v. Audubon Insurance Co.

Louisiana Court of Appeal

Decided May 3, 1995No. 94-1571PublishedCited by 7 opinions

1Opinion of the Court

| THIBODEAUX, Judge.

The plaintiffs, Odelia Leger Smith and the Succession of Cleven Smith, filed suit against their homeowner insurer, Audubon Insurance Company, after they were exposed to an excess judgment due to Audubon’s actions in handling a claim against them. The Smiths alleged that Audubon acted in bad faith in defending their interests.

|2The trial court rendered judgment in favor of Audubon. The Smiths appeal.

We reverse, finding that the trial court erroneously concluded that the defendant, Audubon, did not act in bad faith. Additionally, we award to the plaintiffs a penalty of ten…

2Cases cited14 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  3. Fertitta v. Allstate Ins. Co.Supreme Court of Louisiana · 1985
  4. Holtzclaw v. Falco, Inc.Supreme Court of Louisiana · 1978
  5. Cousins v. State Farm Mutual Automobile Ins. Co.Louisiana Court of Appeal · 1974

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Robin Passaro Louque, Individually and on Behalf of All Others Similarly Situated v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 2003
  2. Smith v. Audubon Ins. Co.Supreme Court of Louisiana · 1996
  3. Gourley v. Prudential Property Ins.Louisiana Court of Appeal · 1999
  4. Beverly Smith v. Citadel Insurance Company as Successor to Gramercy Insurance Company and Goauto Insurance CompanySupreme Court of Louisiana · 2019
  5. Cox, Cox, Filo, Camel & Wilson, LLP v. Louisiana Worker's Comp. Corp.Louisiana Court of Appeal · 2021

2 more not listed; retrieve them via the Exa API.

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