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COLONIAL PENN INS. CO. v. COIL

No. 88-2636.

887 F.2d 1236 (1989)

COLONIAL PENN INSURANCE COMPANY, Plaintiff-Appellant, v. Willard Frank COIL; Betty Marian Coil, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1989.

Attorney(s) appearing for the Case

John G. Blackmon, Jr. (H. Michael Bagley, Drew, Eckl & Farnham; Mark W. Buyck, Jr., Willcox, Hardee, McLeod, Buyck, Baker & Williams, on brief), for plaintiff-appellant.

Ann Adams Webster (James W. Morris, III, Browder, Russell, Morris & Butcher, P.C., on brief), for defendants-appellees.

Before RUSSELL, Circuit Judge, HADEN, Chief United States District Judge for the Southern District of West Virginia, sitting by designation, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This case poses the question whether a district court may approve the offeror's revocation of an offer of judgment made pursuant to Fed.R.Civ.P. 68 when the offer is induced by fraudulent conduct on the part of the offeree. The district court held that under Rule 68 the offer of judgment could not be revoked, regardless of any proof of fraud on the part of the offeree that became known to the...

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