Attebery v. M. F. A. Mutual Insurance

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the order, decision, and judgment in an action upon an automobile insurance policy whereby the trial court allowed plaintiff an attorney fee in the amount of $400.00 as part of the costs.

Defendant was plaintiff’s insurer in regard to medical liability and $100.00 deductible collision coverage. On October 4, 1959, plaintiff’s 1954 automobile, a Nash Ambassador four door sedan, became a total loss as a result of collision wherein it was eventually learned the other vehicle was not covered by liability insurance.

In…