PRUDENTIAL INS. CO. OF AMERICA v. MILLER

No. 14214.

388 So.2d 449 (1980)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. S. J. MILLER, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1980.


Attorney(s) appearing for the Case

Massey & Grant by John S. C. Massey, West Monroe, for defendant-appellant.

Hudson, Potts & Bernstein by Ben R. Hanchey, Monroe, for plaintiff-appellee.

Before PRICE, MARVIN and FRED W. JONES, Jr., JJ.


MARVIN, Judge.

The defendant, an employee of Olinkraft, appeals a summary judgment against him in favor of Olinkraft's group insurer for $7,166, the total of periodical disability benefits paid the employee by the insurer under the group policy. This policy provided benefits for a non-work disability but not for a disability which was covered by the worker's compensation law.

After the insurer began paying disability benefits, the employee sued the employer...

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