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Opinions in Louisiana that cite Bowens v. General Motors Corp., 608 So. 2d 999.

39 citing documents.

Shawn Lopez and Rachel Mayeaux Versus Louisiana Insurance Guaranty Association La. Ct. App. 5th Cir. 2024
Gerald J. Calogero v. USA Agencies Casualty Insurance Company, Inc. La. Ct. App. 4th Cir. 2019
Schexnaildre v. State Farm Mutual Automobile Ins. Co. 184 So. 3d 108 La. Ct. App. 1st Cir. 2015
Stewart v. Boh Bros. Construction Co. 128 So. 3d 398 La. Ct. App. 1st Cir. 2013
Hollingsworth v. Steven Garr Logging 110 So. 3d 1219 La. Ct. App. 2d Cir. 2013
22:2051 et seq., 6 and LIGA is not an “insurer,” for purposes of imposing penalties and attorney fees under the workers’ compensation statutes which limit the imposition of penalties and attorney fees to “any employer and insurer.”
Kenneth Ardoin v. Firestone Polymers, LLC La. Ct. App. 3d Cir. 2009
Ardoin v. Firestone Polymers, LLC 30 So. 3d 177 La. Ct. App. 1st Cir. 2009
The Louisiana Supreme Court has held that “an employer who has reasonable grounds to controvert the plaintiffs claim does not owe penalties and attorney fees.” Bowens v. General Motors, 92-1307, 92-1322 (La.11/30/92)
Distinguished Louisiana Safety Ass'n of Timbermen-Self Insurers Fund v. Louisiana Insurance Guaranty 17 So. 3d 350 La. 2009
In reaching that determination, distinguishable.
Prejean v. Maintenance Enterprises, Inc. 8 So. 3d 766 La. Ct. App. 1st Cir. 2009
1 also supports the position that the Murphy Oil-jMEL contract is sufficient to satisfy La.
Lsat v. Louisiana Insur. Guar. Ass'n 998 So. 2d 817 La. Ct. App. 2d Cir. 2008
Hadley v. CENTEX LANDIS CONST. CO., INC. 990 So. 2d 68 La. Ct. App. 4th Cir. 2008
In support of its argument, Centex cites Bowens v. GMC, 92-1307, 92-1322, for the principle that "provisions of the Insurance Guaranty Association Act must be interpreted to protect claimants and policyholders and to advance their interests rather than the interests of the association."
Followed Scott Bennett v. Daigre's Automotive, Inc. La. Ct. App. 3d Cir. 2006
Followed Bennett v. Daigre's Automotive, Inc. 930 So. 2d 208 La. Ct. App. 1st Cir. 2006
Ryan v. Blount Bros. Const., Inc. 927 So. 2d 1242 La. Ct. App. 2d Cir. 2006
Allman v. Washington Parish Police Jury 907 So. 2d 86 La. Ct. App. 1st Cir. 2005
Jackson v. Cockerham 847 So. 2d 698 La. Ct. App. 4th Cir. 2003
As for the history which motivated the legislature to amend Article 1386, where the Supreme Court invited the legislature to change the statute to its present form.
St. Bernard Police Jury v. Murla 745 So. 2d 1264 La. Ct. App. 1st Cir. 1999
at page 1004-1005: “R.S.23:1201(E) provides for penalties against the employer or his insurer for failure to pay workers’ compensation benefits, and R.S.23:1201.2 provides for attorney fees against the employer or his insurer for failure to pay benefits.
Leson Chevrolet, Inc. v. Triche 742 So. 2d 1047 La. Ct. App. 5th Cir. 1999
TRICHE ASSIGNMENT NO. 3 which clearly states that LIGA, not being an "insurer" for purposes of applicable statutes imposing attorney fees and penalties, is not liable for such payments either as a covered claim or as a result of its own actions.
Holden v. International Paper Co. 720 So. 2d 442 La. Ct. App. 2d Cir. 1998
See, where the defendant was found to be "unreasonable" (as opposed to arbitrary or capricious) in its assertion of a defense and found liable for attorney's fees.
Felan v. F & F TRUCKING, INC. 708 So. 2d 430 La. Ct. App. 3d Cir. 1998
Allen v. Louisiana Wood Moulding Corp. 706 So. 2d 636 La. Ct. App. 2d Cir. 1998
See, where the defendant was found to be "unreasonable" (as opposed to arbitrary or capricious) in its assertion of a defense and found liable for attorney's fees.
Dixon v. Evans Cooperage, Inc. 697 So. 2d 359 La. Ct. App. 1st Cir. 1997
Granger v. Nelson Logging 685 So. 2d 400 La. Ct. App. 3d Cir. 1996
Pitcher v. Hydro-Kem Services, Inc., (La.App.
Brown v. Pioneer Log Homes 679 So. 2d 154 La. Ct. App. 2d Cir. 1996
Tugger v. Continental Cas.
Bonded Freight, Inc. v. Bowens 676 So. 2d 739 La. Ct. App. 3d Cir. 1996
Peterson v. BE & K INC. OF ALABAMA 652 So. 2d 617 La. Ct. App. 1st Cir. 1995
Bordelon v. Management Co., Inc. 649 So. 2d 1070 La. Ct. App. 3d Cir. 1995
Followed Pitre v. AL JOHNSON CONST. CO. 651 So. 2d 301 La. Ct. App. 3d Cir. 1994
Dupin v. Chambley 649 So. 2d 704 La. Ct. App. 1st Cir. 1994
Horton v. State Farm Ins. Co. 641 So. 2d 993 La. Ct. App. 2d Cir. 1994
Basco v. Avoyelles Parish School Board 640 So. 2d 682 La. Ct. App. 1st Cir. 1994
Hanks v. Shell Oil Co. 631 So. 2d 1189 La. Ct. App. 5th Cir. 1994
: In Berry v. Holston Well Service, Inc., we set forth a three tier analysis to determine the existence of a statutory employment relationship.
Louisiana Ins. Guar. Ass'n v. Cloud 627 So. 2d 758 La. Ct. App. 2d Cir. 1993
However, the Supreme Court concluded that the provisions of the Worker's Compensation Law providing for penalties and attorney fees do not apply to LIGA.
Gautro v. Fidelity Fire and Cas. Ins. Co. 623 So. 2d 106 La. Ct. App. 1st Cir. 1993
Unlike the right to penalties and attorney's fees for the bad faith of an insurer, which derives from separate and distinct penalty statutes, the right to recover interest and court costs arises from the contractual relationship between the insured and insurer under the policy.
Borchardt v. Carline 617 So. 2d 970 La. Ct. App. 4th Cir. 1993
Metz v. NICHOLS CONST. CORP. 615 So. 2d 967 La. Ct. App. 1st Cir. 1993
Paul v. Gipson 614 So. 2d 1275 La. Ct. App. 2d Cir. 1993
Duncan v. State, Dept. of Transp. and Development 615 So. 2d 305 La. 1993
St. Paul Fire & Marine Ins. Co. v. Smith 609 So. 2d 809 La. 1992

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