West v. Lincoln Income Life Insurance

REDMANN, Judge.

Plaintiff, awarded benefits under a disability “income protector” insurance policy, appeals from that portion of the judgment which denied him statutory penalties and attorney’s fees.

Defendant neither appealed nor answered the appeal.

The issue is whether defendant had “just and reasonable grounds”, LSA-R.S. 22: 657, to refuse payment of the contractual benefit.

Defendant argues that it had such grounds because plaintiff was not “continuously and necessarily house confined” as required by the policy.

It appears now settled in our jurisprudence that literal compliance with a “house…