Insurance; Penalties; Discovery

The Fifth (La.) Circuit has concluded that a court may impose penalties under both CCP Arts. 863 and 1471 and under R.S. 22:1220. In the instant case, the court found that the defendant failed to name all relevant insurance policies on discovery, and that the insurer subsequently was found in violation of its duty of good faith and fair dealing by actions which suggested that the coverage afforded to plaintiff’s claim was much lower than it actually was.  Dufrene v Gauthreau Family LLC, No. 09-CA-153 (11/10/09)