McCALEB, Justice.
This is a companion suit to that of Knighten v. North British and Mercantile Insurance Company, Ltd., 238 La. 767, 116 So.2d 516, this day decided and is controlled by the decision therein.
For the reasons stated in that matter, the judgment appealed from is amended by deleting therefrom the award to plaintiff of penalties and attorneys' fees and, as thus amended, it is affirmed. Plaintiff is to pay the costs of this appeal, all other costs to be borne by defendant.