BERCIER v. HARDWARE DEALERS MUTUAL FIRE INSURANCE CO.

No. 3503.

250 So.2d 528 (1971)

Alfred P. BERCIER, Plaintiff-Appellee, v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

July 13, 1971.


Attorney(s) appearing for the Case

Voorhies, Labbe, Fontenot, Leonard & McGlasson, by Richard Chappuis, Jr., Lafayette, for defendant-appellant.

J. Minos Simon and John Rixie Mouton, Lafayette, for plaintiff-appellee.

Before FRUGÉ, SAVOY and HOOD, JJ.


SAVOY, Judge.

This is a suit instituted by plaintiff against his insurer to recover $2,000.00 for medical payments under the terms of the policy, and for attorney's fees and penalties for failure to pay said claim without probable cause. Defendant filed a general denial to the petition.

Prior to trial on the merits, defendant made a tender of $2,000.00 under the medical payments provision of the policy. Plaintiff accepted this sum, but in the signed release...

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