Stewart v. Group Health & Life Insurance Co.

HALL, Justice.

This suit was brought for benefits provided by a certificate of life insurance under a group policy, plus 12% penalty and attorneys’ fees under the provisions of V.A.T.S. Ins.Code, art. 3.62, 1 on the theory that although the insurer had tendered the full amount of life benefits payable, the tender was conditioned (and remained so after demand for unconditional payment) upon waiver of disability benefits also claimed by plaintiff to be due under another certificate in the group policy. After a trial without a jury, the court determined that the tender was unconditional, awarded…