Sanchez v. National Life Accident Ins. Co.

In application for rehearing counsel for defendant complain that we assessed the penalties authorized by Act 310 of 1910 where an insurer arbitrarily refuses or delays settlement under a policy, and point to several cases in which it has been held that, when the refusal is based on the certificate and advice of a reputable licensed physician, it cannot be said to have been arbitrary or unreasonable.

Counsel further suggest that the penalty should not have been inflicted for the further reason that the amount found by us to be due under the policy was less than the amount claimed by plaintiff.…