Opinion

Guillory v. United States Fidelity & Guaranty Co.

401 So. 2d 543
1981 La. App. LEXIS 4271

Court: Louisiana Court of Appeal
Filed: Jun 30, 1981
Status: Published
Author: Laborde
On the bench: Culpepper, Domengeaux, Guidry, Laborde, Swift
Cited by: 3 cases
Authority: More cited than 25.8%

The opinion

LABORDE, Judge,

dissenting.

I cannot distinguish the case of Bertrand v. Coal Operators Casualty Co., 253 La. 1115 , 221 So.2d 816 (1969) from the case under consideration. For that reason and for the reasons assigned by Judge Domen-geaux in his dissenting opinion which I adopt as my own, I would affirm the trial court finding that plaintiff is entitled to total and permanent disability benefits. I would also award plaintiff penalties and attorney’s fees. Moreau v. Houston General Insurance Company, 386 So.2d 151 (La. App. 3rd Cir. 1980).

I respectfully dissent.

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