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BROUILLETTE v. FIREMAN'S FUND INS. CO.

No. 89-114.

563 So.2d 1343 (1990)

Allen J. BROUILLETTE, Sr., Plaintiff-Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

June 27, 1990.

Attorney(s) appearing for the Case

Robert H. Cooper, David Lavergne, Metairie, for defendant-appellant.

Edwin Edwards, Baton Rouge, for plaintiff-appellee.

Before FORET, STOKER and YELVERTON, JJ.

STOKER, Judge.

The issues in this case are whether Fireman's Fund Insurance Company has the right to elect to exercise a contractual option to rebuild plaintiff's home, which was totally destroyed by fire, at a cost of $28,500 rather than pay the $52,000 face value of the policy and whether Fireman's Fund was arbitrary and capricious in failing to timely pay plaintiff's claim.

The facts are undisputed. Plaintiff's home was totally destroyed by fire on January...

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