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SMITH v. NATIONAL LIFE & ACC. INS. CO.

No. 8401.

351 So.2d 217 (1977)

Lois M. SMITH v. The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 10, 1977.

Writ Refused January 11, 1978.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, Wiley G. Lastrapes, Jr., New Orleans, for plaintiff-appellee.

Porteous, Toledano, Hainkel and Johnson, Christopher E. Lawler, Daniel R. Hynes, New Orleans, for defendant-appellant.

Before STOULIG, BOUTALL and SCHOTT, JJ.

STOULIG, Judge.

This is an appeal by The National Life and Accident Insurance Company from a judgment adopting a jury verdict which (1) awarded Lois Smith1 $4,000 for loss of eyesight due under an insurance contract issued by defendant; (2) assessed a $4,000 penalty and a $3,000 attorney fee under R.S. 22:657; and (3) ordered defendant to issue the $1,000 paid-up life policy due should loss of eyesight occur.

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