Legal Opinion

Barnes v. West

Louisiana Court of Appeal

Decided February 4, 2015No. 14-1018Published

1Opinion of the Court

AMY, Judge.

liThe plaintiffs in this automobile accident suit settled with the plaintiff/ear-owner’s uninsured motorist insurer. After the insurer allegedly failed to remit the settlement funds within thirty days, the plaintiffs filed a motion for penalties. The trial court granted the motion and imposed a $5,000.00 penalty. The insurer appeals. For the following reasons, we reverse.

Factual and Procedural Background

The underlying claims in this matter arise from an automobile accident. The plaintiffs’ vehicle was driven by Tony Barnes and owned by Shirley Cross, who was also a passenger. In…

2Cases cited8 opinions

  1. Ferry v. Holmes & Barnes, Ltd.Louisiana Court of Appeal · 1929
  2. Day v. AllenLouisiana Court of Appeal · 1930
  3. Reed v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2003
  4. Sultana Corp. v. Jewelers Mut. Ins. Co.Supreme Court of Louisiana · 2003
  5. Brasseaux v. Allstate Ins. Co.Louisiana Court of Appeal · 1998

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