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MIDLAND RISK INS. v. STATE FARM AUTO

No. 93-1611.

643 So.2d 242 (1994)

MIDLAND RISK INSURANCE COMPANY and Loren Fredieu, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTO INSURANCE COMPANY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

September 21, 1994.

Attorney(s) appearing for the Case

Earl Garland Pitre, Lake Charles, for Midland Risk Ins. Co., Etc.

Michael Roane Cagle, Lake Charles, for Audrey Nash.

Robert Samuel Dampf, James Anthony Blanco, Lake Charles, for State Farm Ins. Co.

Before COOKS, DECUIR and CULPEPPER, JJ.

COOKS, Judge.

State Farm Mutual Auto Insurance Company appeals an award of penalties to the plaintiff and his insurer. For the following reasons, we affirm.

FACTS

On November 5, 1991, Boyd Waggoner, was using a jeep to tow a pick-up truck that was stuck in the mud when the jeep suffered the same fate. Loren Fredieu, the plaintiff, attempted to extricate Boyd's vehicle, which was still linked to the pick-up truck, from the mud. However, the rope Boyd...

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