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444 So. 2d 608

Cloney v. Smith

Supreme Court of Louisiana

Decided January 6, 1984

Supreme Court of Louisiana · decided 1984-01-06

Relies on Hart v. Allstate Ins. Co. · 441 So. 2d 342 - Cloney v. Smith

Decided 1984-01-06

¶1In 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.

¶2Case below: 441 So.2d 342.

¶3Denied.

MARCUS, BLANCHE & LEMMON, JJ.,

¶4would 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).

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