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HYATT v. MUTUAL OF OMAHA INS. CO.

No. CA 14-282.

149 So.3d 406 (2014)

Daniel HYATT v. MUTUAL OF OMAHA INS. CO., et al.

Court of Appeal of Louisiana, Third Circuit.

October 1, 2014.

Attorney(s) appearing for the Case

William E. Wright, Jr. , Deutsch, Kerrigan & Stiles, New Orleans, LA, for Defendant/Appellee, Larry Perron.

Thomas Edward Loehn , Boggs, Loehn & Rodrigue, Metairie, LA, for Defendant/Appellant, Mutual of Omaha Insurance Company.

Gregory Paul Allen Marceaux , Marceaux Law Firm, Lake Charles, LA, for Plaintiff/Appellee, Daniel Hyatt.

Court composed of JOHN D. SAUNDERS, BILLY HOWARD EZELL, and J. DAVID PAINTER, Judges.

EZELL, Judge.

This appeal involves the reformation of a disability benefits insurance policy issued by Mutual of Omaha Insurance Company (Mutual) to Daniel Hyatt. The trial court found the policy language was ambiguous and reformed the policy to allow Mr. Hyatt to receive full recovery of benefits. The trial court also awarded penalties and attorney fees. The trial court refused to allow a reduction in benefits based upon...

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