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MUTUAL LIFE INS. CO. OF NEW YORK v. DAIGLE

No. 10935.

142 F.2d 1000 (1944)

MUTUAL LIFE INS. CO. OF NEW YORK v. DAIGLE. DAIGLE v. MUTUAL LIFE INS. CO OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 26, 1944.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., for Mut. Life Ins. Co. of N. Y.

Edward Dubuisson, of Opelousas, La., for Daigle.

Before SIBLEY, McCORD, and LEE, Circuit Judges.

LEE, Circuit Judge.

This is a suit by Etienne Daigle against the Mutual Life Insurance Company of New York to recover monthly disability benefits alleged to be due under a life insurance policy issued to him by the insurer on April 3, 1924, and to recover the statutory penalty and attorney's fees under Act No. 310 of the Legislature of Louisiana for the year 1910 for the alleged unwarranted delay in paying such benefits. The insurrer denied that disability benefits...

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