HIGGINS v. USAA PROPERTY AND CAS. INS. CO.

No. 95-CA-1488.

669 So.2d 498 (1996)

Willie D. HIGGINS v. USAA PROPERTY AND CASUALTY INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

January 31, 1996.


Attorney(s) appearing for the Case

Brian J. Waid, Bubrig & Waid, Buras, for Plaintiff-Appellee.

James Ryan, III, Edward J. Rivera, Sessions & Fishman, New Orleans, for Defendant-Appellant.

Before SCHOTT, C.J., and LOBRANO and JONES, JJ.


SCHOTT, Chief Judge.

Plaintiff obtained a partial summary judgment against defendant for penalties of $1,000 and attorneys fees of $500 because of defendant's failure to make timely payment of plaintiff's medical expenses. Defendant has appealed. The only issue is whether there is a genuine issue of material fact as to the finding that defendant's failure to make timely payment was arbitrary, capricious, or without probable cause. We affirm.

Plaintiff was...

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