Travelers Indemnity Co. v. Pender

The primary question arising out of this suit by appellee, insured, against appellant, insurance company, on an uninsured motorist provision is the award of attorney’s fees to the insured. The insurance company contends that its policy of insurance provides for arbitration; that it did not deny liability, did not refuse to arbitrate, thus there was no necessity for the insured to institute suit and therefore he is not entitled to an award of attorney’s fees under the statute. This record is devoid of any indication on the part of the insurance company that it demanded arbitration. During the…