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ANTOINE v. HOUSTON FIRE AND CASUALTY COMPANY

No. 2997.

232 So.2d 588 (1970)

Junius ANTOINE, Plaintiff-Appellant, v. HOUSTON FIRE AND CASUALTY COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 12, 1970.

Attorney(s) appearing for the Case

Bass & Lawes, by Fred C. Selby, Lake Charles, for plaintiff-appellant.

Plauché, Sanders & Smith, by A. Lane Plauché, Lake Charles, for defendant-appellee.

Before TATE, FRUGE and SAVOY, JJ.

TATE, Judge.

This is a workmen's compensation suit. The plaintiff Antoine was awarded benefits for total disability, but his claim for penalties was rejected. The plaintiff alone appeals.

The sole question raised by this appeal is whether the defendant insurer is liable for 12% penalties and reasonable attorney's fees for the allegedly arbitrary or capricious failure to pay the claim.

This additional recovery is sought under LSA-R.S. 22:658.

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