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LUCAS v. INSURANCE COMPANY OF NORTH AMERICA

No. 5223.

326 So.2d 525 (1975)

B. J. LUCAS, Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion February 12, 1976.

Rehearing Denied March 4, 1976.

Writ Granted April 27, 1976.

Attorney(s) appearing for the Case

Stafford, Pitts & Stafford, Alexandria, for defendants-appellants; John W. Scott, Alexandria, of counsel.

Ford & Nugent, by Howard N. Nugent, Jr., Alexandria, for plaintiff-appellee.

William Henry Sanders, Jena, for intervenor-appellee.

Before HOOD, CULPEPPER, DOMENGEAUX, GUIDRY and PAVY, JJ.

PAVY, Judge.

This is a workmen's compensation suit in which the plaintiff, B. J. Lucas, sought a judgment against the defendant, Insurance Company of North America, as insurer of his employer, I. E. Miller & Sons. The trial court awarded plaintiff maximum benefits for total and permanent disability and further held defendant liable for statutory penalties and attorney's fees finding that the defendant—insurer was arbitrary and capricious in terminating...

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