Cited by

Opinions in Louisiana that cite Killebrew v. Abbott Laboratories, 359 So. 2d 1275.

45 citing documents.

Sandra Louis v. New Orleans City Park Improvement Association and Xyz Insurance Company La. Ct. App. 4th Cir. 2022
Stephen Swarthout v. Roger Driggers La. Ct. App. 3d Cir. 2022
Alan Kaye, Md Versus Ronald A. Karp and Law Office of Karp, Wigodsky, Norwind & Gold, P.A. La. Ct. App. 5th Cir. 2019
Kerry Simmons v. Cornerstone Investments, LLC La. 2019
well recognized in the jurisprudence of this state that as a general rule attorney fees are not allowed except when authorized by statute or contract.”
Preis Gordon, APLC v. Chandler 191 So. 3d 31 La. Ct. App. 1st Cir. 2016
Frank L. Beier Radio, Inc. v. Black Gold Marine, Inc.
Eddie Hoffman v. 21st Century North America Insurance Company and Carolyn Elzy 209 So. 3d 702 La. 2015
well recognized in the jurisprudence of this state that as a general rule attorney fees are not allowed except when authorized by statute or contract.”
Bonnie Romero v. Clarendon America Insurance Co. La. Ct. App. 3d Cir. 2010
Romero v. CLARENDON AMERICA INS. CO. 54 So. 3d 789 La. Ct. App. 1st Cir. 2010
Newman v. George 968 So. 2d 220 La. Ct. App. 4th Cir. 2007
Levine v. First Nat. Bank of Commerce 917 So. 2d 1235 La. Ct. App. 5th Cir. 2005
Keaty v. Raspanti 866 So. 2d 1045 La. Ct. App. 4th Cir. 2004
Ross v. Conoco, Inc. 828 So. 2d 546 La. 2002
Carter v. Texas Industries 693 So. 2d 853 La. Ct. App. 1st Cir. 1997
Smith v. Audubon Ins. Co. 679 So. 2d 372 La. 1996
Beier Radio, Inc. v. Black Gold Marine, Inc., Huddleston v. Bossier Bank and Trust Company, 475 So.2d *379 1082, 1085 (La.1985).
Lambert v. Byron 650 So. 2d 1201 La. Ct. App. 3d Cir. 1995
Billiot v. BP Oil Co. 645 So. 2d 604 La. 1994
"in Louisiana punitive damages are not allowable unless it be for some particular wrong for which a statute expressly authorizes the imposition of some such penalty."
Bourque v. Bailey 643 So. 2d 236 La. Ct. App. 3d Cir. 1994
Tarver v. Eckstein Marine Service, Inc. 633 So. 2d 764 La. Ct. App. 5th Cir. 1994
3rd Cir.1988), (Non-insurer defendant is not subject insurance code penalties even if it acts like an agent for its insurer.); (An employer providing long term disability through a trust plan for its employees is not an "insurer" for purposes of the penalty provisions of R.S.
Tayco Const. v. LaCUISINE RESTAURANT 593 So. 2d 954 La. Ct. App. 4th Cir. 1992
Frank L. Beier Radio, Inc. v. Black Gold Marine, Inc.
Riverside Court Condominium Phase II v. Maurice 587 So. 2d 152 La. Ct. App. 5th Cir. 1991
(1978), the Louisiana Supreme Court declined to find that the employer was an insurer because the employer was not engaged in the business of making contracts of insurance and did not offer a program primarily for profit.
Thomas Scrap Materials, Inc. v. Illinois Gulf Central Railroad 540 So. 2d 1062 La. Ct. App. 1st Cir. 1989
Segura v. Travelers Insurance Co. 535 So. 2d 40 La. Ct. App. 1st Cir. 1988
This cannot be done, therefore, the setoffs are proper.” PENALTIES AND ATTORNEY’S FEES “The defendant, Travelers Insurance Company, argues that under the Supreme Court case of Killebrew vs. Abbott Laboratories, (1978), an employer is not an insurer subject to the provisions of the insurance code, and therefore an employer is not liable for penalties and attorney’s fees for its alleged arbitrary and capricious failure to pay benefits under a disability plan.
Thornton v. Department of Public Safety 536 So. 2d 595 La. Ct. App. 1st Cir. 1988
Myers v. Myers 532 So. 2d 490 La. Ct. App. 1st Cir. 1988
Ebarb v. Erwin 530 So. 2d 1166 La. Ct. App. 2d Cir. 1988
the only case which we could locate addressing the issue of what constitutes an insurer, set forth certain criteria which should be reviewed in this determination.
International Harvester Credit v. Seale 518 So. 2d 1039 La. 1988
McJunkins Tire Center, Inc. v. Barnhill 488 So. 2d 1048 La. Ct. App. 2d Cir. 1986
Richard v. Broussard 482 So. 2d 729 La. Ct. App. 1st Cir. 1985
Ross v. Sheriff of Lafourche Parish 479 So. 2d 506 La. Ct. App. 1st Cir. 1985
Dohmann v. United Gas Pipe Line 457 So. 2d 307 La. Ct. App. 3d Cir. 1984
Frank L. Beier Radio v. Black Gold Marine 449 So. 2d 1014 La. 1984
Dupuis v. Tiger Oil International, Inc. 444 So. 2d 1379 La. Ct. App. 1st Cir. 1984
4th Cir.1977), affirmed at
Hebert v. Neyrey 432 So. 2d 396 La. Ct. App. 1st Cir. 1983
STATE, DEPT. OF TRANSP. & DEVELOPMENT v. Tynes 433 So. 2d 809 La. Ct. App. 1st Cir. 1983
State v. Laconco, Inc. 430 So. 2d 1376 La. Ct. App. 1st Cir. 1983
Posey v. BOARD OF TRUSTEES, STATE EMPLOYEES 426 So. 2d 705 La. Ct. App. 1st Cir. 1982
4th Cir.1977), writ granted, affirmed
Morel v. Baker 425 So. 2d 1289 La. Ct. App. 1st Cir. 1982
Kelley v. Stringer 422 So. 2d 189 La. Ct. App. 2d Cir. 1982
Nassau Realty Co., (La.App.
Randall v. Jena Wire and Cable Co. 415 So. 2d 564 La. Ct. App. 3d Cir. 1982
Richard v. Thompson 411 So. 2d 699 La. Ct. App. 1st Cir. 1982
Nelson v. Continental Cas. Co. 412 So. 2d 701 La. Ct. App. 2d Cir. 1982
the court found that the defendant, who provided benefits for its employees under a long-term disability plan which was administered through a trust for its employees, was not an insurer subject to the Insurance Code and that, therefore, LSA-R.S.
Banner Chevrolet, Inc. v. Kelt 402 So. 2d 747 La. Ct. App. 4th Cir. 1981
[8] Killebrew v. Abbott Laboratories, La., .
Navratil v. Smart 400 So. 2d 268 La. Ct. App. 1st Cir. 1981
Blewer v. Continental Assur. Co. 394 So. 2d 842 La. Ct. App. 3d Cir. 1981
a case decided before LSA-R.S.
Ricard v. State 390 So. 2d 882 La. 1980
Fowler v. Western Union Tel.