Oubre v. Louisiana Citizens Fair Plan

GUIDRY, J.,

dissents and assigns reasons. '

|,I disagree with the majority’s conclusion that La.Rev.Stat. § 22:658(A)(3) does not require.a showing of bad faith prior to the imposition of penalties for failure to initiate loss adjustment in a timely manner. I would, therefore, affirm the lower court’s ruling that the plaintiff is required to prove the insurer was arbitrary, capricious, or without probable cause before penalties may be assessed against the insurer under § 22:658(A)(3). Oubre v. Louisiana Citizens Fair Plan, 09-620 (La.App. 5 Cir. 11/9/10), 53 So.3d 492. I agree with the lower…