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Kottle v. Provident Life And Accident Insurance Co.12/15/2000
order should be modified. Curry v. Johnson, 590 So.2d 1213 (La. App. 1st Cir. 1991). If a party objects to the offered testimony, a trial judge has great discretion in deciding whether to receive or refuse the testimony objected to on the grounds of failure to abide by the rules, but any doubt must be resolved in favor of receiving the information. Abdon Callais Boat Rentals, Inc. v. Louisiana Power and Light Company, 555 So.2d 568, 576 (La. App. 1st Cir. 1989), writ denied, 558 So.2d 583 (La. 1990).
From our review of the trial court's order and the testimony of the two experts, we do not find that the court necessarily violated its own order quoted above, nor caused any prejudice to the defense. The two experts, whose examinations of Dr. Kottle and preparations for trial were limited, provided primarily cumulative expertise. As shown above from the quoted trial court finding of fact number 22, their recommendations for appropriate treatment tended to support the defense position on that key issue. Accordingly, we do not find an abuse of the trial court's discretion in allowing this testimony.
IV.
Answering the appeal, Dr. Kottle argues that the trial court erred in denying his request for penalties and attorney's fees. La. R.S. 22:657(A) provides that claims arising under the terms of health and accident policies issued in this state shall be paid within 30 days of their presentation unless there are just and reasonable grounds justifying delay and that failure to meet these requirements subjects an insurer to penalties and attorney fees. Whether there are just and reasonable grounds is a question of fact which will not be disturbed on appeal unless it is clearly wrong. Morgan v. Golden Rule Insurance Co., 568 So.2d 184 (La. App. 2d Cir. 1990); Nerness v. Christian Fidelity Life Insurance Co., 98-1827 (La. App. 3d Cir. 4/21/99), 733 So.2d 146; Savarino v. Blue Cross and Blue Shield of Louisiana, Inc., 98-0635 (La. App. 1st Cir. 4/1/99), 730 So.2d 1083.
In the case at bar, the trial court denied Dr. Kottle's request for penalties and attorney's fees based upon its finding that "the actions of the defendant, based upon the particular facts and circumstances represented by this case, were not arbitrary or capricious, and the plaintiff is not entitled to recover penalties or attorney fees." Based upon our review of the entire record, we cannot say that the trial court's determination is clearly wrong. The circumstances involving Dr. Kottle's delay in making his claim, the initial lack of medical documentation of Dr. Islam's treatment, and the disputed issue of "appropriate care" support the trial court's conclusion that Provident had reasonable grounds justifying its challenge to the claim in this instance.
Conclusion
For the reasons set forth above, the judgment of the trial court is hereby affirmed. Costs of this appeal are assessed to Provident Life and Accident Insurance Company.
AFFIRMED.
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