McCUTCHON v. MUTUAL OF OMAHA INS. CO.

No. 9010.

354 So.2d 759 (1978)

Rebecca B. McCUTCHON v. MUTUAL OF OMAHA INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 14, 1978.

Writ Refused March 31, 1978.


Attorney(s) appearing for the Case

Horace P. Rowley, III, New Orleans, for plaintiff-appellee.

Ganucheau & Allmand, Bradford R. Roberts, II, New Orleans, for defendant-appellant.

Before GULOTTA, STOULIG and DUPLANTIER, JJ.


DUPLANTIER, Judge.

The district court granted plaintiff's motion for summary judgment in the amount of $5,937, for hospital and nursing expenses under a health and accident insurance policy issued to plaintiff by defendant. Defendant appealed, and plaintiff answered the appeal, seeking statutory penalties and attorney's fees denied by the district court judgment.

The facts are not in dispute. They were all established in affidavits filed in support of plaintiff...

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