Progressive Life Insurance v. Smith

1. General grounds: As to the simple death benefit of $250, we are not here concerned except as to the 'penalty and attorney’s fees, with which we will deal later, since this amount was tendered, as above stated.

On the' night of March 14, 1943, about three-thirty or four o’clock a. m., the dwelling house of the insured was consumed by. fire. No one was occupying the dwelling that night save the insured. His wife and children were spending the night away from home. The evidence is conflicting as to why his family was not there. The evidence for the plaintiff sustaining her contention was that…