SCANLAN v. MUTUAL BENEFIT LIFE INS. CO.

No. 10078.

371 So.2d 356 (1979)

Richard E. SCANLAN v. MUTUAL BENEFIT LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

May 4, 1979.


Attorney(s) appearing for the Case

Denis A. Barry, New Orleans, for plaintiff-appellee.

Phelps, Dunbar, Marks, Claverie & Sims, Eugene R. Preaus, New Orleans, for defendant-appellant.

Before GULOTTA, BOUTALL and SCHOTT, JJ.


GULOTTA, Judge.

Defendant, the disability insurer under a group policy with plaintiff's employer, Bernard Lumber Company, appeals from a judgment awarding disability payments, penalties, attorney's fees and interest.

Although belatedly1 tendering to plaintiff the accumulated amount of the monthly designated disability payment under the policy, defendant contends that the trial judge erroneously awarded statutory penalties and attorney...

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