MITCHELL v. EQUITABLE EQUIPMENT CO.

No. 6571.

319 So.2d 552 (1975)

Willie MITCHELL v. EQUITABLE EQUIPMENT COMPANY and Continental Assurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 9, 1975.

Writ Granted November 21, 1975.


Attorney(s) appearing for the Case

Badeaux, Discon, Cumberland & Barbier, J. Michael Cumberland, New Orleans, for plaintiff-appellant/appellee.

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, Robert E. Winn, New Orleans, for defendant-appellant, Equitable Equipment Co.

Deutsch, Kerrigan & Stiles, Francis G. Weller and Russell L. Dornier, New Orleans, for defendant-appellant, Continental Assurance Co.

Before LEMMON, STOULIG and MORIAL, JJ.


LEMMON, Judge.

Equitable Equipment Company has appealed from a judgment awarding plaintiff long-term disability benefits under the provisions of a group insurance policy issued by Continental Assurance Company.1

Plaintiff was employed by Equitable as a welder from May, 1967 until February 10, 1971, when plaintiff entered the hospital suffering from a perforated ulcer. He has not worked since that date.

Continental paid...

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