Old Amercian Life Insurance v. Harvey

John A. Fogleman, Justice.

The only real issue here is the entitlement of appellee to recover penalty and attorney’s fees from appellant.

Appellee brought suits against appellant on two insurance policies covering hospital, medical and other benefits. The two suits were consolidated for trial before the court, a jury trial having been waived. The policies were originally issued by other companies but appellant had assumed all obligation on both policies before any liability accrued on either. Appellee suffered injuries in a fall on July 2, 1965. On December 16, 1965 she underwent an…