Cloney v. Smith

Supreme Court of Louisiana
Cloney v. Smith, 444 So. 2d 608 (La. 1984)
1984 La. LEXIS 7961
Blanche, Lemmon, Marcus

Cloney v. Smith

Opinion of the Court

In Re: AETNA INSURANCE COMPANY, applying for Supervisory Writs of Review, Mandamus and Certiorari to the Fifth Circuit Court of Appeal, Number 83-CA-396; 24th Judicial District Court, Parish of Jefferson, Number 252,225.

Case below: 441 So.2d 342.

Denied.

Dissenting Opinion

MARCUS, BLANCHE & LEMMON, JJ.,

would grant the writ. Cloney appears to have been at least contributorily negligent. In any event, penalties and attorney fees should not have been allowed. See Hart v. Allstate Ins. Co., 437 So.2d 823 (La. 1983).

Reference

Full Case Name
Mary G. CLONEY v. Kenneth G. SMITH, Dwight Brawtigam, XYZ Insurance Company and Aetna Insurance Company
Status
Published