Hoffpauir v. Bankers Life & Casualty Co.

DOMENGEAUX, Judge.

Plaintiff, Everett L. Hoffpauir, instituted this action to recover benefits allegedly due under a disability insurance policy issued by the defendant, Bankers Life & Casualty Company, and further sought statutory penalties and attorney’s fees based upon defendant’s failure to perform its obligation under the contract of insurance. Defendant filed a peremptory exception of no cause of action based upon prescription which the trial judge sustained. From this judgment plaintiff has appealed.

According to the record no evidentiary hearing was held on the exception. LSA-C.C.P.…