McDONALD v. AMERICAN FAMILY LIFE ASSUR. CO.

Nos. 2010 CA 1873, 2010 CW 1287.

70 So.3d 1086 (2011)

Benny A. McDONALD v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS, et al.

Court of Appeal of Louisiana, First Circuit.

July 27, 2011.


Attorney(s) appearing for the Case

Allen A. McElroy, Jr. , Robert L. Duffy , McElroy & Duffy, Berwick, LA, for Plaintiff-Appellee Benny A. McDonald.

Corinne A. Morrison , Douglas L. Grundmeyer , Gregory J. Walsh , Chaffe McCall, L.L.P., New Orleans, LA, for Defendant-Appellant American Family Life Assurance Company of Columbus.

Before: PARRO, GUIDRY, and HUGHES, JJ.


PARRO, J.

Defendant, American Family Life Assurance Company of Columbus (Aflac), appeals a summary judgment in favor of the plaintiff, Benny A. McDonald, decreeing that Mr. McDonald was entitled to coverage for successive twelve-month periods of short-term disability benefits for the same continuing disability, after waiting a period of 180 days between claims. The judgment further denied Aflac's cross-motion for summary judgment, to which Aflac has filed an application...

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