Calogero v. Safeway Ins. Co. of Louisiana

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting “primary difference” is 30- vs. 60-day period in which insurer must pay
• “[Wjhere the insurer has legitimate doubts about coverage, the insurer has the right to litigate these questionable claims without being subjected to damages and penalties.”
• recovery of statutory damages under R.S. 22:1973 did not preclude recovery of attorney fees under R.S. 22:1892
• Louisiana Insurance Code provisions are mutually exclusive in that plaintiff cannot recover under both
• “An insurer does not act arbitrarily and capriciously … when it withholds payments based on a genuine (good faith) dispute about the amount of a loss or the applicability of coverage.”
• “This holding is not in conflict with the court of appeals’ correct legal finding that where La. R.S. 22:1220 provides the greater penalty, La. R.S. 22:1220 supersedes La. R.S. 22:658 such that Ca-logero cannot recover penalties under both statutes.”

Source: CourtListener parenthetical corpus (CC0).