...adjust Mills' loss fairly and promptly. The trial court granted Allstate's motion for a judgment on the pleadings. Mills appeals, contending that OCGA § 33-4-7 provides a third-party claimant with a...issued to its insured, including bodily injury and other personal losses. Because OCGA § 33-4-7 by its plain terms applies only to an insurer's bad faith in responding to claims for property damage...Allstate's insureds in OCGA § 33-4-7. In pertinent part, OCGA § 33-4-7 (a) provides as follows: In the event of a loss because of injury to or destruction of...

...Atlanta Casualty for damages under OCGA §§ 33-4-6 and 33-4-7, respectively, for their alleged bad faith in refusing to settle King's claims. King amended his complaint to include claims against Atlanta...motion for summary judgment. 1. The primary issue is whether Atlanta Casualty was entitled to summary judgment on King's claim under OCGA § 33-4-7, which imposes an affirmative duty...liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy." OCGA § 33-4-7 (a). An insurer who breaches...

...Appellee. McFADDEN, Judge. This appeal concerns whether OCGA § 33–4–7—which imposes upon the...trial court held that it did not, and accordingly it granted summary judgment to Certain Underwriters at Lloyd's, London (“Underwriters”) in a bad faith claim asserted under OCGA § 33–4–7 by Equipco...International, LLC (“Equipco”). We agree with the trial court that the cargo liability insurance policy is not a “motor vehicle liability insurance policy” under OCGA § 33–4–7. Consequently, we affirm...

...court's order granting partial summary judgment in favor of OOIDA Risk Retention Group, Inc. ("the insurer") with regard to its liability for a penalty and attorney fees under OCGA § 33-4-7 (a). FDOV...certified letter to the insurer "pursuant to OCGA § 33-4-7" offering to settle for $8,400. The letter specified that the check should be made payable to the law firm "as attorneys for FDOV...under OCGA § 33-4-7 and OCGA § 13-6-11. The trial court granted the motion only as to OCGA § 33-4-7, and FDOV filed a timely notice of appeal. OCGA § 33-4-7 (a) outlines an insurer's duty "[i]n the...

....) J. Smith Lanier & Co. v. Southeastern Forge, 280 Ga. 508, 510, 630 S.E.2d 404 (2006); OCGA § 33–4–6(a) (setting out requirements of and procedures for bad faith claim by insured against insurer). “But OCGA § 33–4–7 allows...Ga.App. 345, 347, 739 S.E.2d 797 (2013). Specifically, OCGA § 33–4–7 provides.... (Emphasis supplied.) Because OCGA § 33–4–7 “imposes a penalty, its requirements are strictly construed.” Mills v. Allstate Ins. Co., 288 Ga.App...

...liability insurance policy on Kicklighter's vehicle issued by State Farm Mutual Automobile Insurance Company, the Morrisons also brought the action pursuant to OCGA § 33–4–7 against...against State Farm for failing to act in good faith to adjust and settle their claim for the diminished value of the repaired truck.-------- Under OCGA § 33–4–7(d...right to a thorough and sifting cross-examination under OCGA § 24–6–611(b). We find no error. Under the procedures set forth in OCGA § 33–4–7(d), before the jury...

...Company, the Morrisons also brought the action pursuant to OCGA § 33–4–7 against State Farm (as an unnamed party) seeking to recover penalties and attorney fees against State Farm for allegedly...truck. Under OCGA § 33–4–7(d), ... The insurer shall be an unnamed party, not disclosed to the jury, until there has been a verdict resulting in recovery...disclosed to the jury, until there has been a verdict resulting in recovery equal to or in excess of the claimant's demand.” OCGA § 33–4–7(d). At that point, the trial is recommenced for a second phase...

...constituted bad faith in violation of OCGA § 33-4-7. Calhoun filed an answer and a motion to dismiss the complaint for failure to...O.C.G.A. § 33-4-7 and authorize damages associated with [] such bad faith. 31. [Calhoun's] and her insurance company's actions further authorize reasonable attorney's fees and associated costs. OCGA § 33...) (2007) (rejecting proposed construction of OCGA § 33-4-7 that would make the modifying phrase "because of injury to or destruction of property" mere...

.... addressed "bad faith" in the context of a claim for "bad faith" penalties under OCGA § 33-4-6 (a), the "bad faith" penalty provision in that statute is comparable to the one at issue in the instant case, OCGA § 33-7-11...OCGA § 33-4-6 should be persuasive in addressing a claim under OCGA § 33-7-11 (j). See generally Amica Mut. Ins...the "similarity" between OCGA §§ 33-4-6 and 33-4-7, which authorized bad faith claims by insureds and third parties respectively, this Court found "the...

...under OCGA §§ 33-7-11 (Code Ann. § 56-407.1) and 33-4-6 (Code Ann. § 56-1206), punitive damages, and the full amount of the jury verdict. The trial court denied Allstate's motion for summary judgment and.... I would hold, contrary to the Court of Appeals, that bad faith can exist, even prior to a judgment against the uninsured motorist, when the requirements of OCGA § 33-7-11 (4) (Code Ann.... Our uninsured motorist law, OCGA § 33-7-11 (j) (Code Ann. § 56-407.1), provides in pertinent part as follows: "If the insurer shall refuse to pay any insured any loss covered by this Code section...

...claims involving first-party insurance pursuant to OCGA § 33-4-6 or that GEICO failed to timely adjust, investigate, evaluate, or settle a property damage claim pursuant to OCGA § 33-4-7. We...) (2015) (The insured was precluded from pursuing a bad faith failure-to-settle claim against its excess insurer under OCGA § 33-4-6 because the insured had settled the underlying claim without obtaining the insurer's consent, which was a contractually agreed upon condition precedent to the insurer's obligation to make a payment to the insured under the policy.). Thus, under the facts and circumstances of this case, OCGA § 33-7-15... motions, GEICO argued that, pursuant to its policy's notice provision and OCGA § 33-7-15 (b), it was relieved "of any liability to pay any judgment...

.... On June 18, 1982, appellees filed a complaint alleging that the loan agreement violated OCGA § 7-4-31 (Code Ann. § 57-201) and was null and void. They prayed that Fidelcor forfeit all principal and interest and return previous payments. OCGA § 7-4-33 (a...) (1) (Code Ann. § 57-203). Appellees alternatively sought a declaration that the Loan Closing Statement violated OCGA § 7-4-34 (Code Ann. § 57-204) and that Fidelcor should forfeit all interest under OCGA § 7-4-33 (a...sections, Code Ann. § 57-118 (present OCGA § 7-4-6) and Code Ann. § 57-201 (present OCGA § 7-4-31). Code § 57-118 has not been changed since 1979. Code § 57-201 was amended in 1982 to apply only to loans...

...contract of insurance. There are only two statutory provisions which relate directly to the principle of "insurable interest." OCGA § 33-24-3 deals with "personal insurance" and, under its terms, is clearly inapplicable to the instant issue concerning liability coverage. See also OCGA §§ 33-24-6; 33-7-2; 33-7-4. Likewise..., OCGA § 33-24-4 deals with "property insurance" and has no application here. See OCGA § 33-7-6...November 18, 1977, appellant-plaintiff Auto-Owners Insurance Company (Insurer) issued an automobile policy which listed appellee-defendant Mr. Sam Smith as the named insured. On June 7, 1978, Sam...

...["insured"] shall also include the named insured, ... and any resident relative while ... occupying ... a motor vehicle when such motor vehicle is not similarly insured as required by [OCGA § 33-34-4 (a) (2).]" Even assuming the Honda did not have the minimum coverages (i.e., was not "similarly insured") as required by OCGA § 33-34-4, under OCGA § 33-34-7 (a...motor vehicle ... ." (Emphasis supplied.) The only exceptions to appellant's responsibilities to pay no-fault benefits in a case such as this are set forth in OCGA § 33-34-7 (b.... Although the four enumerated exceptions in OCGA § 33-34-7 (b) provide appellant with no grounds to deny appellee's claim, appellant argues that a fifth exception can be deduced from the...

.... See OCGA § 33-4-6. OCGA § 7-4-15 provides: "All...faith damages and attorney fees under OCGA § 33-4-6. The court granted Osgood's motion to disallow FIIC's defense that the policy was void, holding that after learning of the fraud FIIC sent Osgood a...the bad faith claim. OCGA § 33-4-6 requires the insured to show that the refusal to pay the insurance proceeds was in bad faith. The mere fact of nonpayment is "not evidence of bad faith, nor is any...

...light of the purpose of the No-Fault Act. The disputed language in OCGA § 33-34-3 (a) (2) must be viewed against the general framework of protection provided by the interplay of §§ 33-34-3; 33-34-4; and 33-34-7. OCGA...§ 33-34-4 establishes the statutory minimum amount of no-fault benefits that must be provided for a motor vehicle registered in Georgia. OCGA § 33-34-7 lists specified insured events...states or Canadian provinces a provision `which provides at least the minimum coverage required under Section 3 (b) of this Act (OCGA § 33-34-4 (a) (2)) . . .' if the insured is involved in a motor...

...167) (insurer liable where uninsured motorist had been discharged in bankruptcy and judgment could not be obtained; see current provisions of OCGA § 33-7-11 (a) (4)); Norman...provisions of both the Georgia Uninsured Motorist Act (OCGA § 33-7-11) and appellant's own automobile insurance policy, the insurer was obligated only to pay the insured all... sums which the insured shall be "legally entitled to recover" as damage from the owner or operator of an uninsured motor vehicle. OCGA § 33-7-11 (a) (1...

...action alleging damages including statutory damages under OCGA §§ 33-7-11 and 33-4-6, punitive damages, and the full amount of the jury.... 869, supra, decided January 4, 1984, held that the penalties and attorney fees provided for in OCGA § 33-7-11 (j) must be sought in the action against the uninsured motorist. On February 16, 1984...liability for the statutory penalty and attorney fees provided for in OCGA § 33-7-11 (j). The trial court denied plaintiff McCall's motion to bifurcate the trial and to amend her complaint and the pretrial...

.... 1146, § 2. With regard to this defense, the Eleventh Circuit has certified the following question to us: "Whether [the 1983 amendment to OCGA § 7-4-3 (a)], which provides that OCGA § 10-1-33 shall...amendment of OCGA § 7-4-3 (a), two categories of lawful interest rates existed in Georgia. One was based on the 1980 amendment of OCGA § 10-1-33 setting the maximum lawful rate of interest at 10% add-on... would be subject to the interest limits of OCGA § 10-1-33. With the amendment of OCGA § 7-4-3 (a) in 1983 the General Assembly...