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STATE, DEPT. OF CULTURE, RECREATION AND TOURISM v. AETNA CAS. AND SUR. CO.

No. 97-CA-0203.

700 So.2d 1303 (1997)

STATE of Louisiana Through the DEPARTMENT OF CULTURE, RECREATION AND TOURISM and Through the Office of State Museum v. AETNA CASUALTY AND SURETY COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

October 1, 1997.

Attorney(s) appearing for the Case

David E. Walle, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for Aetna Casualty and Surety Company.

Richard P. Ieyoub, Attorney General, Herbert B. Bowers, III, Special Assistant Attorney General, New Orleans, for State.

Before BARRY, KLEES and LANDRIEU, JJ.

BARRY, Judge.

Aetna Casualty and Surety Company appeals a summary judgment for $314,000 under a policy of insurance, plus a penalty and attorney fees based on Aetna's failure to timely pay upon proof of the loss. We affirm the summary judgment and reverse the penalty and attorney fees.

Facts

On May 11, 1988 the Louisiana State Museum ("Cabildo") sustained severe fire damage. A policy of fire insurance issued by Aetna to the State of Louisiana...

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