Guarantee Reserve Life Insurance v. Norris

Nichols, Presiding Judge.

1. The sole basis of the defendant’s motion for a directed verdict on the question of penalty and attorneys fees was that sixty days did not elapse between the demand for payment and the filing of the action. As shown from the pleadings quoted the defendant admitted a demand and that on December 21, 1961, it denied liability under the policy and had failed and refused to pay at all times since. In response to a separate paragraph of the petition the defendant denied that sixty days had elapsed between the demand and the date of filing suit. Where an answer both admits…