STATE FARM FIRE AND CASUALTY COMPANY v. McFERRIN

No. 23819.

382 F.2d 282 (1967)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Gene B. McFERRIN, Appellee. Gene B. McFERRIN, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 24, 1967.


Attorney(s) appearing for the Case

Fred H. Sievert, Jr., Lake Charles, La., P. A. Bienvenu, New Orleans, La., Stock-well, St. Dizier, Sievert & Viccellio, Lake Charles, La., Bienvenu & Culver, New Orleans, La., for appellant.

Larry A. Roach, Jerry D. Kirk, Lake Charles, La., for appellee.

Before WISDOM and GODBOLD, Circuit Judges, and McRAE, District Judge.


PER CURIAM.

The plaintiff, Gene McFerrin, sued State Farm Fire & Casualty Co. to recover for the total destruction of his residence by fire. The jury returned a verdict for the plaintiff, awarding $35,875.00 for the dwelling, contents, and living expenses.

The jury further concluded that the insurer's failure to pay was arbitrary. The trial judge fixed attorney's fees at $6,000.00 and imposed a penalty of 12 per cent on the amount McFerrin recovered. See...

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