Johnson v. Trustmark Insurance

Defendant-insurer refused to pay disability benefits under two policies sold to plaintiff, a clinical surgeon. The trial court granted plaintiffs motion for summary judgment; however, the court denied penalties and legal fees. Both parties have appealed. We affirm and remand.

*308 Facts and Procedural Background

In December 1982, plaintiff, Lester Johnson, M.D., a clinical surgeon practicing in Rayville, Louisiana, purchased several insurance policies from Hartford Insurance Company (“Hartford”). This litigation concerns a disability insurance policy and an overhead expense policy. These policies…