Merchants' & Bankers' Fire Underwriters v. Williams

On Rehearing.

The case of Insurance Co. v. Henry, 79 S. W. 1072, cited by appellee, does not, as reported, give the entire allegations of the petition held not to be demurrable. Reference to the petition itself in that case discloses an averment in these words:

“By reason of said loss, damage, and policy of insurance, the sum of $171, and for the further sum of $25 attorney’s fees, for the willful failure and refusal to pay this claim when due.”

A declaration, as there, that there was on the part of the insurance company “failure and refusal to pay this claim when due,” sufficiently shows that…