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WILLIAMS v. INSURANCE CO. OF NORTH AMERICA

No. 96-CA-0847.

692 So.2d 654 (1997)

S.I. WILLIAMS, d/b/a Arthur H. Terry & Company v. INSURANCE COMPANY OF NORTH AMERICA.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 30, 1997.

Attorney(s) appearing for the Case

Donald V. Organ, Bush, and Salley & Associates, Metairie, for Plaintiff/Appellee.

Wood Brown, III, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, for Defendant/Appellant.

Before BYRNES, ARMSTRONG and PLOTKIN, JJ.

ARMSTRONG, Judge.

This is an action against a liability insurer, by its insured, under La. R.S. 22:658, for a statutory penalty and attorney's fees for the insurer's alleged arbitrary and capricious failure to defend the insured in a federal court maritime personal injury action. The trial court found that the insurer had been arbitrary and capricious and rendered judgment awarding the insured the penalty and attorney's...

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