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HOFFPAUIR v. BANKERS LIFE AND CASUALTY COMPANY

No. 5343.

328 So.2d 409 (1976)

Everett L. HOFFPAUIR, Plaintiff and Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1976.

Attorney(s) appearing for the Case

Nathan A. Cormie and Ronald J. Bertrand, Lake Charles, for plaintiff and appellant.

Raggio, Farrar, Cappel & Chozen by Frederick L. Cappel, Lake Charles, for defendant and appellee.

Before CULPEPPER, DOMENGEAUX and PAVY, JJ.

DOMENGEAUX, Judge.

Plaintiff, Everett L. Hoffpauir, instituted this action to recover benefits allegedly due under a disability insurance policy issued by the defendant, Bankers Life & Casualty Company, and further sought statutory penalties and attorney's fees based upon defendant's failure to perform its obligation under the contract of insurance. Defendant filed a peremptory exception of no cause of action based upon prescription which the trial judge sustained...

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