Christina Langlois v. National Liability & Fire Insurance Company, Baker Wellness Center, Inc., Judy Gage, State Farm Mutual Automobile Insurance Company and Shannon Spikes

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHRISTINA LANGLOIS NO. 2021 CW 1259

VERSUS

NATIONAL LIABILITY & FIRE
INSURANCE COMPANY, BAKER

WELLNESS CENTER, INC., JUDY

GAGE, STATE FARM MUTUAL
OCTOBER 26, 2021
AUTOMOBILE INSURANCE COMPANY
AND SHANNON SPIKES

In Re: National Liability & Fire Insurance Company, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 638754. 1

BEFORE: GUIDRY, MCCLENDON, WELCH, THERIOT, and CHUTZ, JJ.

WRIT GRANTED. The trial court erred by denying the motion
for partial summary judgment filed by National Liability & Fire
Insurance Company, seeking to dismiss the plaintiff' s claim for

penalties and attorney' s fees under La. R. S. 22: 1892. Statutory
penalties are inappropriate when the insurer has a reasonable

basis to defend the claim and was acting in good - faith reliance
on that defense. Baack v. McIntosh, 2020-- 01054 ( La. 6/ 30/ 21) ---
So. 3d ---, 2021 WL 2679825, * 7; Bingham v. State Farm Mutual
Auto. Ins. Co., 2012- 0375 ( La. App. 1st Cir. 11/ 2/ 12), 2012 WL

5386619, * 2( unpublished). National pointed out the absence of

factual support for this claim as the evidence showed National
had reasonable doubts concerning coverage for the plaintiff' s

claims and, therefore, had the right to litigate these claims

without being subjected to damages and penalties. Calogero v.

Safeway Ins. Co. of Louisiana, 99- 1625 ( La. 1/ 19/ 00), 753 So. 2d
170, 173. See also Hill v. TMR Exploration, Inc., 2019- 1089 ( La.

App. 1st Cir. 12/ 6/ 19) 2019 WL 6655588 ( unpublished); Hill v.

TMR Exploration, Inc., 2019- 1090 ( La. App. 1st Cir. 12/ 27/ 19)
2019 WL 72123792019 ( unpublished). Therefore, we reverse the
trial court' s October 12, 2021 judgment denying the motion,

grant National Liability & Fire Insurance Company' s motion for
partial summary judgment, and dismiss the plaintiff' s claims

asserted against it pursuant to La. R. S. 22: 1892.

JMG
PMc
JEW

Chutz. J., dissents deny the
and would writ, finding the
criteria set forth in Herlitz Construction Co., Inc. v. Hotel
Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per

curiam) are not met.

Theriot, J., dissents and would deny the writ.

COURT / OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT
FOR THE COURT