New v. Union Automobile Ins.

Defendant complains that the court erred in its original opinion (137 So. 563):(a) In holding that defendant’s adjuster’s statement regarding his offer to pay plaintiff $250 in settlement was done other than in a spirit of compromise.(b) In holding plaintiff entitled to recover statutory penalties.(c) In holding it essential under Act No. 59 of 1921 (Ex. Sess.) § 3, that defendant pay plaintiff, insured, said $250, the amount of admitted liability, in order to escape penalties and attorney’s fees, notwithstanding acceptance of payment was refused.(d) In holding that this ease is…