National Life & Accident Insurance v. Dove

Lemmie C. Dove recovered a judgment in the lower court in the sum of $650.00 alleged to be due him as sick benefits under an insurance policy, and the sum of $200.00 as attorney’s fees, and $75.00 as penalty. The Court of Civil Appeals affirmed the judgment. 167 S. W. (2d) 257.

We granted the writ of error because of the allowance of the recovery of attorney’s fees and the penalty. We were in doubt as to whether sufficient demand had been made to authorize such recovery.

Revised Statutes Article 4736 reads in part as follows:

“Art. 4736. In all cases where a loss occurs and the life in-insurance…