OCCIDENTAL LIFE INSURANCE CO. OF CAL. v. Sammons

E. A. Mahony, Special Justice.

This is an action at law by the plaintiff for recovery of monthly sick benefits under the insurance policy contract plus the statutory penalty of 12% and attorney’s fees.

Suit was filed on May 8,1952. Parties waived a jury and the case was tried before the lower court sitting as a jury. The trial court entered judgment against the defendant for $5,700.00, representing 57 months sickness disability allowance at $100.00 per month. From the judgment so entered, the defendant has perfected this appeal. The action was tried on a stipulation of fact, testimony of the…