PVCA, INC. AND RENOLA * NO. 2023-C-0342 EQUITY FUND, II, LLC * COURT OF APPEAL VERSUS * FOURTH CIRCUIT PACIFIC WEST TD FUND, LP, ET AL * STATE OF LOUISIANA * * *******

TGC CHASE, J., DISSENTS WITH REASONS I respectfully dissent from the majority and would grant Louisiana Citizens Property Insurance Corporation’s (hereinafter “Louisiana Citizens”) application for supervisory review. I find that the trial court erred in granting Pacific West TD Fund LP’s (hereinafter “Pacific West”) motion for partial summary judgment and denying Louisiana Citizens’ motion for summary judgment. As a penalty statute is designed to discourage bad faith toward the insured, not the mortgagee, I would find that as a mortgagee, Pacific West is not legally entitled to attorney’s fees. See PVCA, Inc. v. Pac. W. TD Fund, LP, 2021-0753, p. 15, n. 7 (La.App. 4 Cir. 7/13/22), ___So.3d___, 20222 WL 2712461, writ denied, 2022-01220 (La. 11/8/22), ___So.3d___, 2022 WL 16757356.