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BENOIT v. AMERICAN MUTUAL INSURANCE CO. OF BOSTON

No. 3088.

236 So.2d 674 (1970)

Kenneth N. BENOIT, Plaintiff-Appellant, v. AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 25, 1970.

Attorney(s) appearing for the Case

J. Minos Simon, and Robert Lecky, Lafayette, for plaintiff-appellant.

Watson, Blanche, Wilson, Posner & Thibaut, by David W. Robinson, Baton Rouge, for defendant-appellee.

Before TATE, FRUGE and CULPEPPER, JJ.

FRUGE, Judge.

This suit was instituted by Mr. Kenneth N. Benoit, plaintiff-appellant, against the defendant insurer for payment of damages to his home and the contents thereof, as a result of a fire on January 14, 1969.

The trial court awarded the plaintiff $30,328.11 as the amount due under the policy of insurance issued by the defendant, but denied the plaintiff penalties and attorney fees provided by La.R.S. 22:658.

The only issue on appeal is whether...

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