Khosravi v. Aetna Casualty & Surety Company

Carley, Presiding Judge.

Appellee-defendant is appellant-plaintiff’s no-fault carrier. Alleging appellee’s bad faith, appellant brought suit and sought to recover a penalty, punitive damages and attorney’s fees pursuant to former OCGA § 33-34-6. Although an award was made in favor of appellant, she appeals from the judgment entered thereon.

Subsequent to the filing of appellant’s instant appeal, former OCGA § 33-34-6 was repealed. “Accordingly, [appellant] was not, when the repealing act was passed, absolutely entitled to an enforcement of [her] judgment, and the case must be dealt with in this…