Perkins v. American Mutual Fire Insurance Co.

Counsel for plaintiff appellant has abandoned in oral argument any claim for attorney fees in the action against the Commissioner of Motor Vehicles. Therefore the sole question to be determined by this Court is whether the trial judge erred in concluding as a matter of law that plaintiff is not entitled to recover attorney fees incurred by him in the prosecution of this action.

Plaintiff does not cite, and our research has failed to disclose, any case in North Carolina allowing the recovery of attorney fees in an action against an insurance company to determine coverage under a policy. It is…