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MANUFACTURERS LIFE INSURANCE COMPANY v. CAVE

No. 72-979.

279 So.2d 911 (1973)

MANUFACTURERS LIFE INSURANCE COMPANY, Appellant, v. Ruthine CAVE and Wetta B. Mason, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 30, 1973.

Attorney(s) appearing for the Case

Lawrence R. Metsch, of Shutts & Bowen, Miami, for appellant.

Sheldon J. Schlesinger, of Simons & Schlesinger, Hollywood, for appellee Ruthine Cave.

PER CURIAM.

Affirmed.

CROSS and MAGER, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge (dissenting).

I would reverse on authority of Equitable Life Assurance Society v. Nichols, Fla. 1956, 84 So.2d 500. It correctly interprets the statute in question "as authorizing the recovery of attorney fees from the insurer only when the insurer has wrongfully withheld payment of the proceeds...

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