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DUNCAN v. J.C. PENNEY LIFE INS. CO.

Nos. 14236-14238.

388 So.2d 470 (1980)

Samuel DUNCAN, Jr., Plaintiff-Appellee, v. J. C. PENNEY LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 29, 1980.

Attorney(s) appearing for the Case

Breazeale, Sachse & Wilson by John B. Noland, Baton Rouge, Watson, Murchison, Crews, Arthur & Corkern by Ronald E. Corkern, Jr., Natchitoches, for defendant-appellant.

Sanders & Castete, Ltd. by Herman A. Castete, Winnfield, for plaintiff-appellee.

Before MARVIN, FRED W. JONES, Jr., and JASPER E. JONES, JJ.

En Banc. Rehearing Denied September 29, 1980.

MARVIN, Judge.

Defendant's insurance policy provides monetary benefits for each day an insured "... shall be necessarily confined to a hospital as a result of injury, and if such confinement commences within ninety days of the accident causing the injury ..."

Policy benefits, penalties, and attorney's fees were awarded the plaintiffs, a husband and wife, in these consolidated cases. The insurer appeals...

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