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JOHNSON v. FIDELITY MUT. INS. CO.

Civ. No. 4241.

118 F.Supp. 392 (1954)

JOHNSON v. FIDELITY MUT. INS. CO.

United States District Court, W. D. Louisiana, Lake Charles Division.

February 12, 1954.

Attorney(s) appearing for the Case

John R. Hunter, Jr., Alexandria, La., for plaintiff.

T. C. McLure, Alexandria, La., S. W. Plauche, Jr., Plauche & Plauche, Lake Charles, La., for defendant.

HUNTER, District Judge.

This is a tort action. The defendant, Fidelity Mutual Insurance Company, was the liability insurer of a third party whose negligence allegedly caused the accident in which plaintiff's husband and son were killed. The suit is brought under the direct action statute of Louisiana.1

The defendant has filed a motion to strike the claims for penalties and attorney's fees. The claims for these fees are based upon...

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