Slate v. Berkshire Life Insurance

LIEB, District Judge.

In this action brought by the beneficiary to recover the proceeds of a life insurance policy, issued by the defendant, and for attorney’s fees as provided by the Florida Statute1, defendant has moved to strike that portion of the complaint which prays for reasonable attorney’s fees.

It is admitted by the parties that the policy was delivered to the insured in Ohio, that the premiums were paid in Ohio, and that this is an Ohio contract. Ohio has no such provision as to attorney’s fees, nor was any such provision expressly provided in the contract of insurance. The…