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 appellant was convicted of first degree murder and attempted second-degree murder in violation of Tenn. Code Ann. § 39-13-202(a)(1) and §39-12-101(a). Judgment was entered and following a sentencing hearing, the appellant was sentenced to death by electrocution for the first degree murder and to thirty (30) years imprisonment for the attempt to commit second-degree
murder, to be served consecutively. On appeal, the following issues are presented for our review:

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.