Apolskis v. Concord Life Insurance Co‪.‬

SWYGERT, Chief Judge: As the named beneficiary, Pauline Apolskis sought recovery in the district court under a $10,000 insurance policy issued by the Concord Life Insurance Company on the life of her son, Charles Apolskis. Federal jurisdiction was based on diversity of citizenship. The district court, following a trial without a jury, entered findings of fact and conclusions of law favorable to the plaintiff. Judgment was entered against the defendant for the face amount of the policy plus $1,000 as attorney's fees because of Concord's alleged vexatious refusal to pay the claim. We reverse.