APPELLATE COURT OPINIONS

In this declaratory judgment action, plaintiff, insurance company, sought a declaration that its insured, John H. Rasnic, was not an insured under its policy for the accident occuring between the Rasnic and Davis motor vehicles. Specifically, the complaint alleged that Rasnic had violated the policy provision:

We must be notified promptly of how, when, and where the accident or loss happened. Notice should also include the names and addresses of any injuried persons and of any witness. Allstate would assert that while the accident occurred on December 1, 1993, they did not receive notice until June 24, 1994.

The determinative issue on appeal as framed by the appellant is: [Whether] the defendants were deprived of a fair and impartial jury because of Juror Rankin's failure to respond truthfully on voir dire and further, because Juror Rankin and plaintiffs' counsel both failed to reveal a recent attorney/client relationship and an upcoming trial wherein plaintiffs' counsel would be a crucial witness on behalf of Juror Rankin.

The appellant has filed a petition for rehearing stating that this Court’s opinion failed to address the request in her brief that she be awarded attorney’s fees incurred on appeal. After due consideration, the appellant’s request for an award of attorney’s fees occurred on appeal is denied.