New York Life Insurance v. Lecks

(concurring with Judge Whitfield). — Upon reconsideration of this case in the light of the petition for a rehearing filed herein challenging the allowance to plaintiff below of an attorney’s fee in accordance with Section 4265 R. G. S., 6220 C. G. L., which statute the petitioner for re hearing contends is unconstitutional as an attempted unlawful statutory deprivation of the insurance company’s property without due process of law if it should be applied to a case wherein the insurance company, as in this case, resisted payment in good faith and upon reasonable grounds, it seems to me that…