Insurance Company of North America v. Kay Frances Davis

TUTTLE, Circuit Judge:

This was an action brought by appellee Kay Frances Davis to recover an amount asserted to be due under one of the provisions of an insurance policy issued by appellant Insurance Company of North America. The district court granted ap-pellee’s motion for summary judgment for the amount sued for, together with a penalty of twelve per cent plus reasonable attorneys fees under a Texas statute. The district court deferred the fixing of the amount of attorneys fees. Appellant appeals from this adverse judgment.

Mrs. Davis brought suit in her individual capacity and as natural…