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COOPER v. LIBERTY MUT. INS. CO.

No. 96-CA-1522.

699 So.2d 115 (1997)

Ernest Zachary COOPER and Susan Cooper v. LIBERTY MUTUAL INSURANCE COMPANY, and Allstate Insurance Company, Lydia A. Giles and Lois T. Jacobs.

Court of Appeal of Louisiana, Fourth Circuit.

August 20, 1997.

Attorney(s) appearing for the Case

Kenny M. Charbonnet, William V. Renaudin, Jr., Metairie, for Defendant/Appellant Liberty Mutual Ins. Co.

Randolph C. Slone, Jane L. Triola, Slidell, for Appellees.

Before CIACCIO, LOBRANO and PLOTKIN, JJ.

LOBRANO, Judge.

Liberty Mutual Insurance Company, plaintiffs' uninsured/underinsured motorist carrier, appeals the district court's Judgment Notwithstanding the Verdict (JNOV) wherein the jury's allocation of 40% of the fault to plaintiff, Zachary Cooper, was set aside and Liberty Mutual was cast in judgment, not only for 100% of plaintiffs' damages, but for penalties and attorney's fees for its arbitrary and capricious handling of the claim.

Plaintiffs' lawsuit...

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