Dolan v. Continental Casualty Co.

We have in mind that defendant refused, for technical reasons, ■ to pay the amount claimed by plaintiff. The judgment granted plaintiff was set aside because of an error committed by the conrt during the progress of the trial. Defendant claims the right now of depriving plaintiff of the amount allowed her as attorneys’ fees because it has tendered into court the amount of her claim with interest, the costs on the former trial and of the trial in this court. The law prescribes:

“Whenever any suit or action is brought in any courts of this state upon any policy of insurance of any kind or nature…