City of Eunice v. Credeur

Supreme Court of Louisiana
City of Eunice v. Credeur, 753 So. 2d 226 (La. 2000)
2000 WL 146911
Victory

City of Eunice v. Credeur

Opinion

753 So.2d 226 (2000)

CITY OF EUNICE
v.
Rebecca CREDEUR.

No. 99-C-3249.

Supreme Court of Louisiana.

January 28, 2000.

Writ granted in part. The Court of Appeal, Third Circuit, erred in awarding a penalty under La.R.S. 23:1201(F) as the City of Eunice did not fail to provide payment of a claim but arbitrarily, capriciously, or without probable cause discontinued payment of a claim. Therefore, La.R.S. 23:1201(F) is inapplicable. Instead, La. R.S. 23:1201.2 governs this case and does not allow for the awarding of a penalty. See La.R.S. 23:1201(F); La.R.S. 23:1201.2; Williams v. Rush, 98-2271 (La.6/29/99), 737 So.2d 41, 43-45. Accordingly, we vacate and set aside that portion of the appellate court's opinion. In all other respects this writ application is denied.

VICTORY, J., not on panel.

Reference

Cited By
3 cases
Status
Published