Safeco Insurance v. Parrish

On Motion for Rehearing.

In defendant’s original brief it argued enumerations of error 2 and 3 together with reference to the trial court’s instructions to the jury, contending that the instructions were "improper, confusing and argumentative.” The first portion of the argument in the brief in regard thereto concerned itself with the fact that the issue of bad faith, penalty and attorney fees should not have been submitted to the jury at all, inasmuch as the evidence did not authorize it. Consequently, in our opinion and decision above we thought we had covered completely all of the arguments…