IN RE: Audubon Indemnity Company;-Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CAOS-OSOS, CA98-0566; Parish of Rapides 9th Judicial District Court Div. “G” Number 178,955

Writ granted in part; denied in part. The judgment of the court of appeal is amended to delete the award of penalties *737and attorney fees pursuant to La.R.S. 22:658 and the award of penalties pursuant to La.R.S. 22:1220. Otherwise denied.

concur in the reversal of attorneys fees and penalties, but would grant and docket the case on the merits.