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JILEK v. COVERT

No. CA 2359.

465 So.2d 102 (1985)

Kathleen R. JILEK v. Mrs. Gus Covert, wife of/and Gus COVERT, Colonial Penn Insurance Company, Maryland Casualty Insurance Company, and Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 27, 1985.

Attorney(s) appearing for the Case

Michael W. Fontenot, Lafayette, for plaintiff-appellant.

Victor A. Dubuclet, III, Borello & Huber, Metairie, for defendant third-party plaintiff-appellant, Liberty Mut. Ins. Co.

Shelley R. Hammond-Provosty, Montgomery, Barnett, Brown & Read, New Orleans, for defendants third-party defendants-appellees, Mr. and Mrs. Gus Covert and Colonial Penn Ins. Co.

Before REDMANN, C.J., and BARRY and KLEES, JJ.

REDMANN, Chief Judge.

An insurer appeals from a judgment in favor of its insured for its policy's $10,000 limit for personal injury by uninsured motorist (atop $105,000 other coverage) plus its $5,000 medical payments limit (atop $2,000 other coverage), with 12% penalty and $1,000 attorney's fees for failure to pay medical expenses. The insurer also appeals the judgment's rejection on the ground of his previous release by the insured, of its third-party demand against...

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