HARRIS v. FIRST ASSUR. LIFE OF AMERICA

No. CA 86 1577.

526 So.2d 245 (1988)

James HARRIS, Jr. v. FIRST ASSURANCE LIFE OF AMERICA.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 6, 1988.


Attorney(s) appearing for the Case

Charles H. Braud, Jr., Baton Rouge, for plaintiff-appellant James Harris, Jr.

Jon C. Adcock, Baton Rouge, for defendant-appellee First Assur. Life of America.

Before SHORTESS, LANIER and CRAIN, JJ.


LANIER, Judge.

This is a suit in contract seeking monthly disability benefit payments under a group insurance policy and statutory penalties for nonpayment. The insurer answered and asserted the insured's disability was caused by a sickness that preexisted the policy of insurance and there was no coverage for this claim. The trial court found as a fact that "plaintiff's disability is the result of generalized osteoarthritis existing before the policy was issued" and...

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