RIPPON v. VARIABLE PROTECTION ADMINISTRATORS, INC.

No. 88-CA-0716.

537 So.2d 262 (1988)

Nicholas F. RIPPON, Jr. v. VARIABLE PROTECTION ADMINISTRATORS, INC., and Dependable Life Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 16, 1989.

Writ Denied April 14, 1989.


Attorney(s) appearing for the Case

John M. Gallagher, Jr., New Orleans, for plaintiff.

Darryl J. Foster, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for Dependable Life Ins. Co., appellant.

Before GARRISON, BARRY and WILLIAMS, JJ.


WILLIAMS, Judge.

This appeal arises out of an action to recover penalties and attorney's fees pursuant to LSA-R.S. 22:657 for defendant hospitalization insurer's alleged arbitrary and capricious failure to timely pay plaintiff's claim.

The trial court found defendant was arbitrary and capricious in delaying payment of plaintiff's claim due to defendant's failure to properly investigate the discrepancies contained within plaintiff's medical records and claim...

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