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ST. ROMAIN v. INS. CO. OF NORTH AMERICA

No. 8248.

399 So.2d 792 (1981)

Charles ST. ROMAIN, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 27, 1981.

Attorney(s) appearing for the Case

Darrel D. Ryland, Marksville, for plaintiff-appellant.

Provosty, Sadler & deLaunay, Albin A. Provosty, III, Alexandria, for defendant-appellee.

Before SWIFT, STOKER and DOUCET, JJ.

STOKER, Judge.

Plaintiff, Charles St. Romain, sued defendant, Insurance Company of North America, to recover workers' compensation benefits and penalties and attorney's fees. Plaintiff appeals the judgment which granted him benefits but denied him penalties and attorney's fees.

The sole issue on appeal is: Whether the defendant acted arbitrarily, capriciously or without probable cause in failing to pay plaintiff...

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