45601 Precedential Processed

Steadman v. Pearl Assurance Company

Louisiana Supreme Court · Filed November 6, 1961 · 134 So. 2d 884

Cited by

Audubon Orthopedic & Sports Medicine, APMC v. Lafayette Insurance Co. 38 So. 3d 963 La. Ct. App. 4th Cir. 2010
Reed v. State Farm Mut. Auto. Ins. Co. 832 So. 2d 1132 La. Ct. App. 3d Cir. 2002
Calogero v. Safeway Ins. Co. of Louisiana 753 So. 2d 170 La. 2000
Hart v. Allstate Ins. Co. 437 So. 2d 823 La. 1983
Hart v. Allstate Ins. Co. 426 So. 2d 711 La. Ct. App. 1st Cir. 1983
Henley v. Sullivan 391 So. 2d 838 La. 1980
Riverland Oil Mill v. Underwriters for Lloyd's 368 So. 2d 156 La. Ct. App. 2d Cir. 1979
Bauman v. Hanover Ins. Co. 353 So. 2d 1058 La. Ct. App. 2d Cir. 1977
Foster v. Western World Ins. Co. 339 So. 2d 395 La. Ct. App. 1st Cir. 1976
Campbell v. Fidelity & Casualty Co. of New York 331 So. 2d 198 La. Ct. App. 1st Cir. 1976
Blackwell v. Daigle 317 So. 2d 18 La. Ct. App. 3d Cir. 1975
Bass v. Southern Farm Bureau Casualty Insurance 315 So. 2d 897 La. Ct. App. 1st Cir. 1975

Opinion text

HAMITER, Justice (concurring in part and dissenting in part). While I agree that this cause should be remanded to the district court for further proceedings, I entertain the view that the exceptions of no right and no cause of action should be overruled. The petition clearly discloses a failure to pay within sixty days after defendant was furnished a satisfactory proof of loss which itself, as defense counsel concede;, constituted a demand. Therefore, it is my opinion that, according to plaintiff’s pleadings, the requirements for recovering the statutory penalty and attorney’s fees have been satisfied.