Old Republic Life Insurance v. Banks

Hall, Presiding Judge.

In an action to collect benefits under a policy, defendant insurance company appeals from the judgment and from the denial of its motion for new trial. The verdict and judgment included not only the *266medical, surgical and hospital bills incurred, but a penalty for bad faith refusal to pay and attorneys’ fees.

The complaint alleged facts which would entitle plaintiff to recover under the terms of the policy. It also set out the expenses incurred and alleged proper demand and refusal to pay. The answer merely denied that the injury treated-occurred as a result of the fall…