American Safety Indemnity Company v. Sto Corp.

I respectfully dissent to Division 5 of the majority opinion that addresses Sto Corporation’s bad faith claim.14 Given the record before us, the question whether American Safety Indemnity Company (“ASIC”) acted in bad faith under OCGA § 33-4-6 by refusing to pay insurance policy proceeds to Sto should be resolved by a jury rather than by this Court. Consequently, the trial court’s denial of summary judgment to ASIC on Sto’s bad faith claim should be affirmed.

*275“It is usually a question for the jury whether an insurance company, in refusing to pay a loss, acted in bad faith” under OCGA § 33-4-6,…