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McCLAIN v. GENERAL AGENTS INS. CO. OF AMERICA

Nos. 15442-CA, 15443-CA.

438 So.2d 599 (1983)

Roy McCLAIN, Jr., Plaintiff-Appellee, v. GENERAL AGENTS INSURANCE COMPANY OF AMERICA, INC., Defendant-Appellant. GENERAL AGENTS INSURANCE COMPANY OF AMERICA, INC., Plaintiff-Appellant, v. Roy McCLAIN, Jr., and Mrs. Henrietta Dunn McClain, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

On Rehearing September 20, 1983.

Writ Denied November 28, 1983.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio by Thomas M. Hayes, III, Monroe, for Gen. Agents Ins. Co. of America, Inc.

Ellis & Ellis by Carey J. Ellis, Jr., Rayville, for Roy McClain, Jr., and Mrs. Henrietta Dunn McClain.

Before HALL, SEXTON and NORRIS, JJ.

HALL, Judge.

A building owned and operated by Roy McClain, Jr. as the Cozy Spot lounge and cafe was completely destroyed by fire on November 1, 1980. McClain sued General Agents Insurance Company of America to recover $49,750 allegedly due under a fire insurance policy issued by General Agents to McClain, plus penalties and attorney fees in accordance with LSA-R.S. 22:658. The insurance company denied liability alleging that McClain intentionally set fire to his building...

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