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Munster v. Smith11/29/2005
ding that the value of plaintiffs' claim was less than the amount she received from the tortfeasor and her insurer. The Allstate insurance adjuster testified at length about the evaluation process and how she believed that the value of plaintiffs' claim did not warrant a tender beyond the underlying limits of the tortfeasor's policy. Plaintiffs have failed to submit any evidence that Allstate was in violation of La.R.S. 22:658, and we therefore find no error of the trial court in declining to award penalties in this case.
Accordingly, for the reasons assigned herein, the judgment of the trial court is affirmed. Plaintiffs are to bear all costs of this appeal.
AFFIRMED
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