Supreme Court of Louisiana, 2000

City of Eunice v. Credeur

City of Eunice v. Credeur
Supreme Court of Louisiana · Decided January 28, 2000 · Victory
753 So. 2d 226; 2000 WL 146911 (Southern Reporter, Second Series)

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.

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