Interstate Life & Accident Insurance v. Williamson

Almand, Justice.

The following questions have been certified to us from the Court of Appeals:

“1. Where at the expiration of sixty days after a demand by an insured for the amount claimed to be due under an insurance policy the insurance company knows of no good reason for refusing to pay the claim, does a defense later discovered and made, on the trial of the case, going far enough to show probable cause for making such defense vindicate the insurer’s refusal to pay the claim so as to preclude the insured from recovering attorney’s fees and penalty provided in Code § 56-1206?

“2. If the first…