Cloney v. Smith

Mary G. CLONEY v. Kenneth G. SMITH, Dwight Brawtigam, XYZ Insurance Company and Aetna Insurance Company.

Supreme Court of Louisiana.

Decided January 6, 1984.

Relies on Hart v. Allstate Ins. Co.

Decided 1984-01-06

¶1Denied.

¶2MARCUS, 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).