Bowen v. Railway Mail Ass'n

STRUM, District Judge.

This is an action at law upon an instrument commonly called a “beneficiary certificate,” issued by Railway Mail Association to John Bowen, now deceased, the action being brought by his widow.

Defendant moves to strike from plaintiff’s amended declaration the allegations therein claiming attorney’s fees pursuant to section 6220, Comp. Gen. Laws Fla. 1927. Defendant’s theory is that it is not an “insurance company,” and that the instrument sued on is not a “policy or contract of insurance,” as contemplated by the statute just cited, and hence no attorney’s fees are…