41152, 41153 Precedential Processed

Guin v. Commercial Cas. Ins. Co.

Louisiana Supreme Court · Filed November 9, 1953 · 68 So. 2d 752

Cited by

Opinion text

McCALEB, Justice (concurring). I agree that the insurers are liable and also that the penalties and attorney fees are properly assessed against Calvert Fire Insurance Company. At the time the company offered to “process” the claim under Condition 6 of the policy, it was no doubt aware that plaintiff could not afford to settle with it for fifty percent of the loss in view of the fact that Commercial Casualty Insurance Company had denied any liability on its policy; It strikes me that, had Calvert’s stand been a sincere one, it would have continued' to assert its prior offer when sued in- this case. Instead, it took the groundless position that it was not liable at all alleging that plaintiff had set fire to *58 his truck with the intent and purpose of collecting the insurance. In view of all of the circumstances of the case, I find it difficult to believe that the original offer of adjustment on a pro-rata basis was founded in good faith.