Cox v. American Fidelity Assurance Co.

NEPTUNE, Judge.

This appeal challenges correctness of the trial court’s allowance of attorneys’ fees as costs in an action brought by policyholders to recover benefits under a hospitalization insurance policy.

When defendant-insurance company denied benefits, plaintiffs-appellees employed an attorney, who filed an action for recovery of $953.30 in benefits and for costs of the action including attorneys’ fees.

The insurance company eventually confessed the claim for benefits in an amount agreed upon by the parties. However, the matter of attorneys’ fees was not disposed of. The record shows that…