Baker v. Pilot Life Insurance Co.

Littlejohn, Justice.

The plaintiff sued the defendant insurance company for disability benefits provided under a policy issued to her, and obtained a favorable jury verdict. Thereafter the trial judge awarded attorney fees to plaintiff’s counsel as permitted by Sec. 37-167.1 of our Code of Laws. The defendant has not appealed the jury verdict, but has appealed the order awarding attorney fees. We reverse.

This code section permits the trial judge to award attorney fees when an insurance company’s refusal to pay “. . . [is] without reasonable cause or in bad faith”.

A review of tire evidence is…