No. 37,208-CA Precedential Processed

Hebert v. Hill

Louisiana Court of Appeal, Second Circuit · Filed May 14, 2003 · 855 So. 2d 768

Authorities cited

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Opinion text

h MOORE, J., dissents. I respectfully dissent for the reasons expressed in the original opinion. The Heberts are among the class of persons to whom the law grants a cause of action under La. R.S. 22:658. They have a legal interest in the outcome of the litigation. Rogers v. Commercial Union Ins. Co., 01-443 (La.App. 3 Cir. 10/3/01) , 796 So.2d 862 . Whether they meet the criteria for receiving statutory penalties is a matter for trial on the merits or perhaps summary judgment, not an exception of no right of action.