Massachusetts Indemnity & Life Insurance Co. v. Schupper

HAVERFIELD, Judge.

Defendant-appellant appeals an amended final summary judgment entered in favor of the plaintiff and an order awarding plaintiff the sum of $12,500 as reasonable attorneys’ fees in an action to recover benefits under a disability insurance policy.

In June 1953, defendant-appellant, Massachusetts Indemnity & Life Insurance Company issued to the plaintiff-appellee, Bernard Schupper, then a resident of New York, a disability insurance policy. Under the terms thereof, plaintiff is entitled to benefits if he is disabled to the extent that he can no longer engage in his regular…