Logourl black

Drewett v. Aetna Casualty & Surety Co.

United States District Court for the Western District of Louisiana
405 F.Supp. 877 (1975)


Facts

Drewett and others (plaintiffs) filed suit against Aetna Casualty & Surety Co. and other insurance companies (defendants) in the United States District Court for the Western District of Louisiana for failure to pay the plaintiffs’ flood insurance policies under the National Flood Insurance Act of 1968, 42 U.S.C. §§ 4001-4127. The plaintiffs requested penalties and an award of attorneys’ fees pursuant to Louisiana insurance laws. The defendants filed a motion to strike the pleadings related to penalties and attorneys’ fees pursuant to Federal Rules of Civil Procedure (FRCP) Rule 12(f).

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Nauman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.