Napp v. American Casualty Co.

Russell, Judge.

The motion for summary judgment on the issue of attorney fees and penalty is based on the following provision of the insurance policy: “The amount of loss for which this company may be liable shall be payable 60 days after proof of loss, as herein provided, is received by this company and ascertainment of the loss is made either by agreement between the insured and this company expressed in writing or by the filing with this company of an award as herein provided.” The plaintiff contends that this policy provision is ineffective because it was waived by the adjuster who has…