Pinson v. Allstate Insurance Co.

I respectfully dissent.

Penalties and attorney’s fees normally cannot be awarded in a suit against an insurance company unless they are provided for either by contract or by statute. (Allstate Insurance Co. v. Alterman Transport Lines, Inc. (5th Cir. 1972), 465 F.2d 710; Olsen v. Preferred Risk Mutual Insurance Co. (1969), 284 Minn. 498,170 N.W.2d 581; Olokele Sugar Co. v. McCabe, Hamilton & Renny Co. (1971), 53 Haw. 69, 487 P.2d 769.) There is no statute which would permit such an award here, nor does the plaintiff contend that there is. The No-Fault Act was declared unconstitutional (Grace…