ARTIGUE v. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY

No. 5660.

339 So.2d 880 (1976)

John H. ARTIGUE, Plaintiff-Appellee, v. LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion November 15, 1976.

Rehearing Denied December 15, 1976.

Writ Refused February 14, 1977.


Attorney(s) appearing for the Case

Davidson, Meaux, Onebane & Donohoe by Robert M. Mahony, Lafayette, for defendant-appellant.

Logan & DeLaunay by Gerald C. DeLaunay, Lafayette, for plaintiff-appellee.

Before HOOD, DOMENGEAUX and GUIDRY, JJ.


GUIDRY, Judge.

In this suit plaintiff seeks the recovery of statutory penalties and attorney's fees, as provided for under LSA-R.S. 22:658, for the alleged arbitrary and capricious failure of defendant to timely pay the amount due plaintiff under a "Home Owner's" insurance policy issued to him. The trial court rendered judgment in favor of plaintiff assessing penalties of 12% on the total amount of the loss or the sum of...

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