Interstate Life & Accident Insurance v. Brown

I dissent from Division 3 of the majority opinion, which overturns the jury’s verdict as to attorney *852fees. And what reason does the majority give for this finding? It states that: "The evidence was circumstantial and did not demand a finding for the plaintiff ” (Emphasis supplied.) Hn. 3. In other words, unless the plaintiff was entitled to a directed verdict on the main issue, there could be no legal finding in his favor as to bad faith of the insurance company, whereby penalty and attorney fees might be awarded.

The majority opinion finds support for its position in numerous recent decisions…