DIAZ v. CHEROKEE INSURANCE COMPANY

No. 5279.

275 So.2d 922 (1973)

Calvin A. DIAZ, Sr. v. CHEROKEE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 1, 1973.


Attorney(s) appearing for the Case

Guy J. D'Antonio, New Orleans, for plaintiff-appellee.

Bienvenu & Culver, Leonard A. Young, New Orleans, for defendant-appellant.

Before LEMMON, STOULIG and BOUTALL, JJ.


LEMMON, Judge.

This is a suit on an insurance policy to recover a loss allegedly caused by vandalism and malicious mischief. The principal issue on appeal is whether plaintiff, a second mortgagee, is entitled to coverage under the policy. Incidental issues involve the amount, date and cause of the damages and the penalties and fees claimed by plaintiff on account of defendant's refusal to pay the loss.

On October 5, 1967 defendant issued to Gilbert E. Martin...

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