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WILLIAMS v. CHAMPION INS. CO.

No. 90-554.

590 So.2d 736 (1991)

John D. WILLIAMS, Plaintiff-Appellee, v. CHAMPION INSURANCE COMPANY (Louisiana Insurance Guaranty Association), Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 13, 1991.

Attorney(s) appearing for the Case

Brittain, Williams, McGlathery, Passman & Sylvester, Craig O. Marcotte, Natchitoches and Mathews, Atkinson, Guglielmo, Marks & Day, Carey Guglielmo and Scott Love, Baton Rouge, for defendant-appellant.

Kelly & Salim, William L. Townsend, III, Natchitoches, for plaintiff-appellee.

Before FORET, LABORDE and KING, JJ.

KING, Judge.

Defendant appeals contending that the trial court erred in finding the Louisiana Insurance Guaranty Association vicariously liable for statutory penalties and attorney's fees, assessed against the insolvent insurer, under La.R.S. 22:658. Also, at issue is defendant's contention that it should not be found liable for its own arbitrary and capricious actions in not paying the claim timely after demand was made on it.

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