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MATHERNE v. AETNA LIFE AND CAS. INS. CO.

No. 84 CA 1217.

484 So.2d 740 (1986)

Augustine MATHERNE v. AETNA LIFE AND CASUALTY INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 31, 1986.

Writ Denied May 16, 1986.

Attorney(s) appearing for the Case

David B. Allen, Houma, for plaintiff and appellee, Augustine Matherne.

Carlos E. Lazarus, Houma, for defendant and appellant, Aetna Life & Cas. Ins. Co.

Before CARTER, SAVOIE and ALFORD, JJ.

SAVOIE, Judge.

Aetna Life and Casualty Insurance Company (Aetna) appeals the trial court's judgment assessing penalties and attorney's fees against it for arbitrarily and capriciously failing to pay hospital expenses incurred by plaintiff, Augustine Matherne. Plaintiff answers the appeal, alleging that the trial court erred in determining the amount of penalty owed by Aetna.

The record reveals that on December 21, 1982, plaintiff was involved in an automobile...

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