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accident Acts affirmed alleged amended amount ance appeal application arbitrary arising attorney fees attorney's authority Auto automobile automobile liability award benefits bodily injury capricious cause claim clause construed contract court covered damages death defend demand determined direct action disability driver duty effect employee entitled evidence excess exclusion F.Supp fact failed Farm Federal Fire granted grounds hospital Indem injury insurance policy insurer's intentional interest issued judgment La.App liability insurer liability policy limits Louisiana meaning ment motor named insured negligence notice obligation occurred operation options owner paid party payment penalties penalties and attorney permission person plaintiff policy provisions proof of loss reasonable recover rehearing denied rejection result selection statute statutory suit surance sured tender tion tort trial truck underinsured uninsured motorist coverage valid vehicle writ denied