Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Louisiana opinions name it 2 courts 1989–2019 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sibley v. Insured Lloydsgreen2 sentences2012Sibley v. Insured Lloyds, 442 So.2d at 632 ; Leblanc [LeBlanc ] v. Underwriters at Lloyd’s, London, 402 So.2d 292, 300 (La.App. 3d Cir.1981); O’Brian v. Allstate Ins. 2008Co., 378 So.2d 457, 460 (La.App. 3 Cir.1979) ("The insurer cannot avoid payment of penalties and attorney's fees if it fails to make an unconditional tender of a sum clearly due under the policy"); Sibley, 442 So.2d at 632 ("However, if part of a claim for property damage is not disputed, failure of the insurer to pay the undisputed portion of the claim within the statutory delay will subject the insurer to liability for penalties on the entire claim. | 2 | 4 |
LeBlanc v. Underwriters at Lloyd's Londongreen2 sentences2012Sibley v. Insured Lloyds, 442 So.2d at 632 ; Leblanc [LeBlanc ] v. Underwriters at Lloyd’s, London, 402 So.2d 292, 300 (La.App. 3d Cir.1981); O’Brian v. Allstate Ins. 1989Sibley v. Insured Lloyds, 442 So.2d at 632 ; Leblanc v. Underwriters at Lloyd's, London, 402 So.2d 292, 300 (La. | 2 | 2 |
Warner v. Liberty Mut. Fire Ins. Co.green2 sentences2012Co., 543 So.2d 511 (La.App. 4th Cir.1989): However, if part of a claim for property damage is not disputed, the failure of the insurer to pay the undisputed portion of the claim within the statutory delay will subject the insurer to penalties on the entire claim. 2008An insurer acts arbitrary and capricious "when its willful refusal of a claim is not based on a good faith defense . . . or is unreasonable or without probable cause." Calogero , 99-1625, p. 5, 753 So.2d at 173 . "[I]f part of a claim for property damage is not disputed, the failure of the insurer to pay the undisputed portion of the claim within the statutory delay will subject the insurer to penalties on the entire claim." Warner, 543 So.2d at 515 . | 1 | 3 |
Louisiana Bag Co., Inc. v. Audubon Indem. Co.green1 sentence2015Louisiana Bag Co., Inc., 999 So.2d at 1114-1115 (citations omitted). | 1 | 1 |
Landry v. State Farm Ins. Co.green1 sentence2008Co., 529 So.2d 417, 426 (La.App. 1 Cir. 1988) ("an insurer can avoid paying penalties and attorney's fees by unconditionally tendering the undisputed amount of the claim in cases where there is reasonable disagreement over the total amount owed"); Warner, 543 So.2d at 515 ("Without doubt, an insurer cannot rely upon a dispute as to the value of a loss to escape the penalty provisions of LSA-R.S. 22:658 if the insurer has not unconditionally tendered the undisputed portion of the claim"). [14] Mr. Adams also stated: [I]t was quickly determined the entire building... is a total loss. | 1 | 1 |
Hammett v. Fire Ass'n of Philadelphiagreen2 sentences2008Hammett v. Fire Ass'n of Philadelphia, 181 La. 694 , 160 So. 302, 304-05 (1935). [12] Where there is a substantial, *1115 reasonable and legitimate dispute as to the extent or amount of the loss, the insurer can avoid the imposition of penalties only by unconditionally tendering the undisputed portion of the claim. 2008Hammett v. Fire Ass'n of Philadelphia, 181 La. 694 , 160 So. 302, 304-05 (1935). [12] Where there is a substantial, *1115 reasonable and legitimate dispute as to the extent or amount of the loss, the insurer can avoid the imposition of penalties only by unconditionally tendering the undisputed portion of the claim. | 1 | 1 |
Deville v. Louisiana Farm Bur. Mut. Ins. Co.green1 sentence2008Co., 378 So.2d 457, 460 (La.App. 3 Cir.1979) ("The insurer cannot avoid payment of penalties and attorney's fees if it fails to make an unconditional tender of a sum clearly due under the policy"); Sibley, 442 So.2d at 632 ("However, if part of a claim for property damage is not disputed, failure of the insurer to pay the undisputed portion of the claim within the statutory delay will subject the insurer to liability for penalties on the entire claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Guillory v. Lee
green
2 sentences2019Stated otherwise, "[a]n insurer who does not tender unconditionally a reasonable payment, a figure over which reasonable minds could not differ, will be subject to penalties and attorney's fees." Guillory , 2009-0075, p. 32 , 16 So.3d at 1127 (citing McDill v. Utica Mut. 2019Stated otherwise, "[a]n insurer who does not tender unconditionally a reasonable payment, a figure over which reasonable minds could not differ, will be subject to penalties and attorney's fees." Guillory , 2009-0075, p. 32 , 16 So.3d at 1127 (citing McDill v. Utica Mut. | 2 | 2019–2019 |
Maloney Cinque, L.L.C. v. Pacific Insurance Co.
green
1 sentence2013Co., Ltd., 11-0787, p. 14 (La.App. 4 Cir. 1/25/12), 89 So.3d 12, 23 . | 1 | 2013–2013 |
McDill v. Utica Mut. Ins. Co.
green
2 sentences2008McDill, 475 So.2d at 1091 . 2008McDill, 475 So.2d at 1092 ; Hammett, 160 So. at 304-05 . | 1 | 2008–2008 |
Calogero v. Safeway Ins. Co. of Louisiana
green
1 sentence2008An insurer acts arbitrary and capricious "when its willful refusal of a claim is not based on a good faith defense . . . or is unreasonable or without probable cause." Calogero , 99-1625, p. 5, 753 So.2d at 173 . "[I]f part of a claim for property damage is not disputed, the failure of the insurer to pay the undisputed portion of the claim within the statutory delay will subject the insurer to penalties on the entire claim." Warner, 543 So.2d at 515 . | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.