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SCHOELEN v. FIDELITY & CASUALTY COMPANY

No. 5111.

318 So.2d 90 (1975)

John S. SCHOELEN and Rosemary Fath Schoelen, Plaintiffs-Appellees, v. FIDELITY & CASUALTY COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied October 1, 1975.

Writ Refused November 18, 1975.

Attorney(s) appearing for the Case

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

Domengeaux & Wright by Jack C. Fruge, Jr., Lafayette, for plaintiff-appellee.

Saumel H. Collins, New Orleans, for 3rd party plaintiff-appellee.

Before HOOD, CULPEPPER, and MILLER, JJ.

MILLER, Judge.

Defendant Fidelity & Casualty Company appeals the award of penalties and attorney fees to its insured plaintiffs John S. and Rosemary Fath Schoelen for F & C's refusal to pay uninsured motorist coverage until the uninsured motorist was found negligent and without a defense to plaintiffs' claim. We reverse.

Plaintiffs' daughter was a passenger in an uninsured motorist's Toyota. While in Nevada (under Nevada R.S. 41.180, the operator of...

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