Madison v. Prudential Ins. Co. of America

FOURNET, Justice.

This is a suit to recover certain disability benefits under a life insurance policy, on the ground of total and permanent disability of the insured, and also penalties and attorney’s fees under the provisions of Act No. 310 of 1910. The defense is that the disability is neither total nor permanent. The trial judge rendered judgment in favor of the plaintiff and against the defendant, as prayed for, and the defendant has appealed.

A mere reading of the plaintiff’s petition shows that the amount in controversy is less than $2000.00, and this Court has repeatedly held that it…