128 Tenn. 526 | Tenn. | 1913
delivered the opinion of the Court.
One question presented by a petition to rehear,* which has not heretofore been determined by this court, arises upon the following facts:
The complainant held an accident and sick benefit policy with the defendant company and filed the original bill to recover the indemnities provided for in the policy, together with 25 per cent penalty for the failure of the company to pay the indemnities, as provided by chapter 141, Acts of 1901. Demand was made upon the company and payment refused. The original bill was filed within thirty days after payment was declined. It is .insisted in the petition to rehear that the penalties are not recoverable because the suit was brought within less than sixty days from the time of demand of payment and refusal.
The statute referred to provides:
“The several insurance companies of this State, and foreign insurance companies and other corporate firms or persons doing insurance business in this State, in all cases when a loss occurs and they refuse to pay the same within sixty days after a demand shall have been made by the holder of the said policy on which the said loss occurred, shall be liable to pay the holder of said policy, in addition to the loss and interest thereon, a sum not exceeding twenty-five per cent and the liability for said loss,” etc.
There were amended and supplemental bills to recover additional losses accruing after the commencement of the original bill. The petition to rehear pre