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SUPREME COURT OF LOUISIANA
No. 99-C-1625 STEVEN J. CALOGERO VERSUS SAFEWAY INSURANCE COMPANY OF LOUISIANA AND JENNIFER MENARD ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE VICTORY, J.* Although we review other issues, we granted Safeway Insurance Company of Louisiana's ("Safeway") writ primarily to determine whether the Third Circuit erred in finding that, in addition to penalties incurred for its violation of La. R.S. 22:1220B(5), Safeway also misrepresented the provisions of its policy under La. R.S. 22:1220B(1) and was liable for a second penalty under La. R.S. 22:1220C. After reviewing the record and the applicable law, we reverse the court of appeal's holding that Safeway is liable for additional penalties under La. R.S. 22:1220C for misrepresenting the provisions of the insurance policy. On all other issues, we affirm. FACTS AND PROCEDURAL HISTORY On July 16, 1997, Sylvia Calogero, wife of plaintiff Steven Calogero ("Calogero"), applied for a policy of automobile liability insurance with Safeway through an independent insurance broker, All American Insurance Agency of Shreveport. Upon learning that Sylvia had a 17-year-old unlicensed son, David Campos, living at their home, the insurance broker informed Sylvia that unless she paid a greatly increased premium, David would be excluded from coverage under the policy.

*

Calogero, C.J., not on panel, recused. Rule IV, Part 2,

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Louisiana Law