WEST v. LINCOLN INCOME LIFE INSURANCE COMPANY

No. 4006.

239 So.2d 379 (1970)

Sylvester WEST v. LINCOLN INCOME LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

July 15, 1970.


Attorney(s) appearing for the Case

Frank S. Bruno, New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Horace A. Thompson, III, New Orleans, for defendant-appellee.

Before REDMANN, LeSUEUR and DOMENGEAUX, JJ.


REDMANN, Judge.

Plaintiff, awarded benefits under a disability "income protector" insurance policy, appeals from that portion of the judgment which denied him statutory penalties and attorney's fees.

Defendant neither appealed nor answered the appeal.

The issue is whether defendant had "just and reasonable grounds", LSA-R.S. 22:657, to refuse payment of the contractual benefit.

Defendant argues that it had such grounds because plaintiff was...

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