Parker v. Western Fidelity Insurance Co.

YELVERTON, Judge.

An insured sued his health insurer for medical insurance benefits. A jury found that benefits were due, and that the insurer was arbitrary and capricious in failing to pay, invoking the statutory penalty (double the benefits) and an award of attorney’s fees. The insurer appeals the awards, and the insured answered the appeal seeking an *955increase in attorney’s fees incurred on appeal. We affirm in all respects, and award additional attorney’s fees for this appeal.

On February 4, 1986, Larry Parker was issued a health insurance policy by Western Fidelity Insurance Company…