MARTIN v. AMERICAN BENEFIT LIFE INSURANCE COMPANY

No. 9474.

282 So.2d 861 (1973)

Calvin L. MARTIN v. AMERICAN BENEFIT LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 26, 1973.

Writ Granted November 16, 1973.


Attorney(s) appearing for the Case

Richard J. Boutall, Metairie, for appellant.

Joshua A. Tilton, Baton Rouge, for appellee.

Before LANDRY, TUCKER and PICKETT, JJ.


LANDRY, Judge.

Defendant (American Benefit) appeals from a judgment awarding plaintiff (Appellee) recovery of disability benefits in the sum of $1,000.00, under a health and accident policy, together with a like amount as penalties, and attorney's fees in the sum of $700.00. We reverse.

The issue to be resolved is whether coverage is excluded under such a policy where the accident activates a dormant preexisting condition, infirmity or disease.

Subject...

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