Cherokee National Life Insurance v. Eason

JOHNSON, Presiding Judge.

In this appeal, we decide whether a jury properly awarded additional damages and attorney fees to an insured in an action brought against an insurance company, when the jury specifically found that the insurer’s refusal to pay death benefits was not in bad faith. We hold that the additional damages were not authorized given the finding of no bad faith, and reverse that award. Because the attorney fee issue was not preserved for appeal, the award of attorney fees is affirmed. 1

Cherokee National Life Insurance Company issued a credit life insurance policy to Joe Eason…