Boston-Old Colony Insurance v. Warr

Hall, Presiding Judge.

In an action to collect on an automobile collision insurance policy, the defendant appeals from the award of interest, penalty and attorneys’ fees.

The plaintiff had purchased a new 1969 Cadillac on June 30, 1969. It was damaged in a collision on August 12, 1969, at which time it had been driven 2,604 miles. He made a claim on his insurance carrier in October for the value of a new automobile. The defendant inspected the damaged car and tendered a draft for the estimated repair cost which was several thousand dollars less than the cost of replacement. The plaintiff…