THIBODEAUX v. AUDUBON INS. CO.

No. 87-1215.

539 So.2d 689 (1989)

Joseph Leon THIBODEAUX, Plaintiff-Appellee, v. AUDUBON INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

February 8, 1989.


Attorney(s) appearing for the Case

Felix A. Dejean, Opelousas, for plaintiff/appellee.

Dauzat, Falgoust, Caviness & Bienvenu, Jerry J. Falgoust, Opelousas, for defendant/appellant.

Before GUIDRY, KNOLL and KING, JJ.


KING, Judge.

The issue presented by this appeal is whether or not the trial court correctly applied the burden of proof.

Joseph Thibodeaux (hereinafter plaintiff) filed suit for damages, penalties and attorney's fees against his insurer, Audubon Insurance Company (hereinafter Audubon). The trial court rendered judgment in favor of plaintiff and against defendant for damages in the amount of $4,405.00, but did not render judgment for penalties and attorney...

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