SCHMIDT v. BLUE CROSS AND BLUE SHIELD

No. 33,910-CA.

769 So.2d 179 (2000)

P. SCHMIDT, Plaintiff-appellee, v. BLUE CROSS AND BLUE SHIELD OF LOUISIANA, INC. and as Louisiana Health Service and Indemnity Company, Defendant-appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied December 15, 2000.


Attorney(s) appearing for the Case

Charles A. O'Brien, Baton Rouge, Counsel for Appellant.

Mayer, Smith and Roberts by Steven E. Soileau, Shreveport, Counsel for Appellee.

Before NORRIS, WILLIAMS and CARAWAY, JJ.


CARAWAY, J.

Following plaintiff's drug overdose which the emergency medical physician described as "intentional," the health insurer first denied coverage for plaintiffs medical expense citing a policy exclusion for expenses for "intentionally self-inflicted injuries." After suit was filed and the insurer mistakenly paid the hospital's medical expenses, the parties presented for trial the issue of penalties and attorney's fees for the insurer's denial of coverage...

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