Picard v. Mutual Life Ins. Co. of New York

On Rehearing.

HAMITER, Justice.

The appeal in this case, perfected by the defendant insurance company, was from a judgment awarding to plaintiff four monthly disability payments (May 1, 1945 to August 1, 1945, both dates inclusive) under the provisions of three policies of insurance issued by that company, and also' awarding to him statutory penalties and attorney’s fees for the insurer’s refusal to make the payments.

Subsequent to defendant’s taking the appeal, the Federal Circuit Court of Appeals (Fifth Circuit) 155 F.2d 105 affirmed a judgment of the Federal District Court which granted to…