Estate of Robichaux v. Jackson National Life Insurance

ORDER AND REASONS

DUPLANTIER, District Judge.

For the reasons dictated into the record at the trial of this matter, I concluded that defendant Jackson National Life Insurance Company’s failure to unconditionally tender to plaintiff the interim benefits owed under Gladys Robichaux’s life insurance policy was arbitrary and capricious. I reserved ruling on plaintiffs entitlement to penalties under La.Rev.Stat. 22:1220, and requested the parties to address that issue in post-trial submissions. They have done so.

Jurisdiction in this case is based on diversity of citizenship; I apply the substantive…