Matherne v. Aetna Life & Casualty Insurance Co.

SAVOIE, Judge.

Aetna Life and Casualty Insurance Company (Aetna) appeals the trial court’s judgment assessing penalties and attorney’s fees against it for arbitrarily and capriciously failing to pay hospital expenses incurred by plaintiff, Augustine Matherne. Plaintiff answers the appeal, alleging that the trial court erred in determining the amount of penalty owed by Aetna.

The record reveals that on December 21, 1982, plaintiff was involved in an automobile accident while in the course and scope of his employment with Porche Brothers Lumber and Supply, Inc. At the time of the accident,…