International Security Life Insurance Co. v. Redwine

DENTON, Justice.

This is a suit for benefits under a medical and hospitalization insurance policy. The trial court, without a jury, rendered judgment for the insured for medical and hospital expenses, plus twelve percent statutory penalty and attorneys’ fees. The insurer’s single point of error in the court of civil appeals asserted the trial court erred in entering judgment for the penalty and attorneys’ fees because there was no evidence of demand as required by Art. 3.-62 of the Insurance Code, V.A.T.S. The court of civil appeals affirmed, holding that the insurance company “by its failure…