Collier v. Old Dominion Insurance

ON MOTION FOR REHEARING

We withdraw our previous opinion and substitute the following in its place.

We affirm the final judgment entered in this cause in the insurer’s favor. However, we reverse the award of attorney’s fees to it pursuant to the offer of judgment. Appellant insured had sued the insurer, claiming it had not paid under its policy for property damage to appellant’s automobile. Appellee answered, insisting that it never received notice of the claim but admitting that it had coverage and would pay after investigation. It obtained the vehicle, examined it and tendered a cheek in…