Opinion
No. 97-CC-0157
June 27, 1997
IN RE: Allstate Insurance Co.; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fifth Circuit, Number 96-CW-0643; Parish of Jefferson 24th Judicial District Court Div. "I" Number 416-823
Granted. Judgment of the court of appeal vacated and set aside. Case remanded to the court of appeal to consider, pursuant to La. Code Civ.P. art. 927 B, whether plaintiffs' suit for penalties under La.R.S. 22:1220 sets forth a cause of action in light of Theriot v. Midland Risk Ins. Co., 95-2895 (La. 5/20/97), ___ So.2d ___ (on rehearing).
PFC
WFM
HTL
BJJ
JPV
CDT
JTK
KIMBALL, J. not on panel.