Kay v. Metropolitan Life Insurance Co.

DOWD, Judge.

Metropolitan Life Insurance Company appeals from the decisions of the trial court adjudging appellant liable for insurance benefits to respondent under the terms of a group insurance policy and awarding respondent the penalty and attorney’s fees authorized in Section 375.420, RSMo Supp. 1975.

The parties stipulated that appellant affords respondent and his dependents secondary insurance coverage for hospital, medical, and surgical expenses under Policy Number 15351-G. By virtue of respondent’s military service, respondent and his dependents had obtained primary hospital, medical,…