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60 days action against insurer Acts Aetna agent alleged amount ance application arbitrary assured attorney attorney's fees auto automo automobile liability policy automobile policy award beneficiary benefits breach capricious certiorari claimant clause collision court coverage damage death defendant disability double indemnity employee entitled Estoppel evidence F.Supp failure to pay Fire & Marine fire insurance fire policy fraud ground health and accident indemnity injury insurable interest insurance company insurance contract insurance policy insured's judgment La.Ann La.App liability insurer Liberty Mut Louisiana ment moral hazard mortgage named insured negligence Note omnibus clause owner paid parties payment penalties and attorney's person plaintiff poli policy covering policy provisions premium prior proof of loss property insured recover recovery refusal to pay statutory penalties subrogation suit surance sured sured's surer sustained tion truck uninsured motorist Union Nat vehicle waiver warranty workmen's compensation writ denied writ refused