Empire Life and Hospital Insurance Co. v. Shannon

DENTON, Chief Justice.

This is a suit to recover benefits under a hospital and accident insurance policy. Ap-pellee, Jessie Finnis Shannon, the insured, died before trial and his widow was substituted as party plaintiff. Plaintiff also sought recovery for the statutory penalty and attorneys’ fees. The trial court’s judgment, based on a jury verdict, was rendered for appellee for hospital and medical benefits under the policy, for statutory penalty and for attorneys’ fees.

Based upon the appellee’s application of December 3, 1963, appellant’s predecessor issued the insurance policy in question…