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JOHNSON v. TRUSTMARK INS. CO.

No. 34,102-CA.

771 So.2d 307 (2000)

Lester JOHNSON, M.D., Plaintiff-Appellee, v. TRUSTMARK INSURANCE CO., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

November 15, 2000.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre by Raymond J. Salassi, Jr., Covert J. Geary, New Orleans, Matthew T. Brown, Counsel for Defendant-Appellant.

Theus, Grisham, Davis & Leigh by J. Michael Hart, Monroe, Counsel for Plaintiff-Appellee.

Before NORRIS, C.J., BROWN and CARAWAY, JJ.

BROWN, J.

Defendant-insurer refused to pay disability benefits under two policies sold to plaintiff, a clinical surgeon. The trial court granted plaintiff's motion for summary judgment; however, the court denied penalties and legal fees. Both parties have appealed. We affirm and remand.

Facts and Procedural Background

In December 1982, plaintiff, Lester Johnson, M.D., a clinical surgeon practicing...

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