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WELLS v. HOUSTON

No. 95-202.

657 So.2d 474 (1995)

Cottrel WELLS, Plaintiff-Appellant, v. Lee A. HOUSTON, et al, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 7, 1995.

Attorney(s) appearing for the Case

Jeffrey Howerton Thomas, Natchitoches, for Cottrell Wells.

David Patrick Keating, Opelousas, for Lee A. Houston, et al.

Before COOKS, SAUNDERS and DECUIR, JJ.

COOKS, Judge.

Plaintiff, Cottrel Wells, appeals a lower court decision denying his request for penalties and attorney fees for the alleged failure of the defendant, Safeway Insurance Co., to make an unconditional tender under the terms of Wells' uninsured motorist policy. Finding his single assignment of error meritorious, we reverse.

FACTS

This lawsuit arose out of a two car accident occurring on July 10, 1990. Cottrel Wells, plaintiff, was driving...

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