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action against insurer Acts Aetna agent alleged Allstate amended amount ance application arbitrary attorney fees attorney's August 21 Auto automobile liability policy automobile policy award beneficiary benefits burden of proof capricious cause certiorari clause collision court covered damages direct action statute disability driver duty to defend employee entitled estoppel evidence excluded coverage exclusion F.Supp failure to pay health and accident indemnity insurable interest insurance contract insurance policy insured's insurer's failure intent to deceive La.App liability insurer Liberty Mut limits Louisiana Insurance Louisiana law Louisiana Revised Statutes mailed Marine ment misrepresentations named insured negligence Note notice of cancellation omnibus clause owner particular provisions parties pay claim payment penalties and attorney person plaintiff poli policy provisions premium proof of loss recover refusal to pay risk sion Statutes of 1950 subrogation suit tion Title 22 truck vehicle waiver WESTLAW writ denied writ refused