Lancaster v. USAA Casualty Insurance
Court of Appeals of Georgia
1Opinion of the Court
Andrews, Chief Judge.
Suzanne Lancaster, insured by USAA Casualty Insurance Company (USAA), appeals from the trial court’s judgment in favor of USAA in her suit for bad faith cancellation of benefits. The matter was heard by the court sitting without a jury.
1. “ Tn a bench trial the court sits as the trier of fact and his findings shall not be set aside unless clearly erroneous. OCGA § 9-11-52 (a). The clearly erroneous test is the same as the any evidence rule. Thus, an appellate court will not disturb fact findings of a trial court if there is any evidence to sustain them.’ (Citations and…
Also in this document: Concurrence.
2Cases cited14 opinions
- Higgins v. TrenthamSupreme Court of Georgia · 1938
- Eberhart v. Morris Brown CollegeCourt of Appeals of Georgia · 1987
- Jordan v. SmootCourt of Appeals of Georgia · 1989
- Haezebrouck v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1995
- Hutcheson v. DanielsCourt of Appeals of Georgia · 1997
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wallace v. State Farm Fire & Casualty Co.Court of Appeals of Georgia · 2000
- American General Life Insurance v. Schoenthal Family, L.L.C.District Court, N.D. Georgia · 2008
- Nixon v. Pierce County School DistrictCourt of Appeals of Georgia · 2013
- Shaffer v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 2000
- Excel Design & Construction, Inc. v. AutryCourt of Appeals of Georgia · 1999
4 more not listed; retrieve them via the Exa API.