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McDILL v. UTICA MUT. INS.

No. 83 CA 0970.

465 So.2d 19 (1984)

Stanley D. McDILL v. UTICA MUTUAL INSURANCE.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion January 10, 1985.

Rehearing Denied February 27, 1985.

Writ Granted May 3, 1985.

Attorney(s) appearing for the Case

Calvin C. Fayard, Jr., Denham Springs, Paul H. Due, Baton Rouge, Joseph H. Simpson, Amite, for plaintiff-appellee Stanley D. McDill.

Robert E. Kerrigan, Jr., New Orleans, for defendant-appellant Utica Mut. Ins.

Before WATKINS, SHORTESS, LANIER, CRAIN and ALFORD, JJ.

SHORTESS, Judge.

This appeal is from a judgment of the trial court which found Utica Mutual Insurance (Utica) liable for its $100,000.00 limit of uninsured/underinsured motorist coverage, and also arbitrary and capricious in failing to pay the uninsured motorist claim. The trial court judgment assessed a 12% penalty and $40,000.00 in attorney fees under La.R.S. 22:658.1

On March 30, 1981, Stanley D. McDill (McDill) and Joseph A...

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