Parker v. Interstate Life & Accident Insurance

YARRUT, Judge.

From a judgment for Plaintiff for $461.-98, which includes 12% statutory damages, plus legal interest, and $100.00 attorney’s fee and costs, Defendant has taken this appeal.

Plaintiff bases his claim as insured under two policies of industrial insurance issued by Defendant, one insuring against loss due to hospital confinement, and the other for surgical expenses. The $461.98 includes $411.50 for hospital confinement, and $50.48 as 12% statutory penalty under LSA-R.S. 22:658, if Defendant’s failure to pay was “arbitrary, capricious, or without probable cause.”

Defendant, a foreign…