BENINTENDE v. FIRST PROTECTION LIFE INS. CO.

No. 83-CA-830.

452 So.2d 258 (1984)

Victor O. BENINTENDE v. FIRST PROTECTION LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

May 30, 1984.


Attorney(s) appearing for the Case

Gerald Martinez, Metairie, for plaintiff/appellee.

Bettyanne Lambert-Bussoff, New Orleans, for defendant-appellant.

Before BOWES, GAUDIN and GRISBAUM, JJ.


BOWES, Judge.

Defendant appeals from a judgment of the District Court decreeing that defendant acted arbitrarily and capriciously and awarding plaintiff penalties and attorney's fees under Louisiana Revised Statute 22:657. This is the sole specification of error. We affirm.

Victor Benintende was issued a credit life, accident, and health policy at the time he purchased a new automobile, in June, 1977. The policy excluded coverage for pre-existing medical conditions...

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