Penrose v. Commercial Travelers Insurance Co.

KEETON, Justice.

I concur with the opinion of Justice GIVENS disallowing attorney fees. To-hold that Ch. 289, 1951 S.L. would apply to contracts of insurance written prior to-'its enactment, would create a new liability and impose a burden not covered by' the terms of the insurance policy: Further there was no proof submitted that ’an attorney fee was contracted or 'the'Yeás’onableness of the fee allowed by the trial "court.' That an attorney fee'had-been’contracted by the insured, and the-'question of •its reasonableness,, were questions of fact which could not be determined without evidence.…