City of Eunice v. Credeur
This text of 753 So. 2d 226 (City of Eunice v. Credeur) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
CITY OF EUNICE
v.
Rebecca CREDEUR.
Supreme Court of Louisiana.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
753 So. 2d 226, 2000 WL 146911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-eunice-v-credeur-la-2000.