Phoenix Assurance Company of New York v. Frank A. Singer, and Margaret P. Singer

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Phoenix Assurance Company of New York (Phoenix) brought this declaratory judgment action to establish the invalidity of an arbitration award of $38,500 made upon a fire loss at the home of defendants Frank A. Singer and Margaret P. Singer and to fix the amount of plaintiff’s liability on its policy for such fire loss. Defendants filed answer denying that the award was invalid and counterclaimed for judgment for the amount of the award plus interest and further asked for the statutory penalty and attorneys’ fees for vexatious delay pursuant to § 375.420…