Kilgore v. National Life & Accident Insurance

Nichols, Presiding Judge.

Assuming but not deciding that the plaintiff’s petition set forth a cause of action against the defendant for a tort under the allegations of paragraph 9 of the petition as amended in addition to the action on the insurance contract, the allegations relied upon to support the punitive damages show no actual damages and under the Code as well as under numerous decisions of the Supreme Court and this court punitive damages are not recoverable in the absence of actual damages (See Code § 105-1002; Foster v. Sikes, 202 Ga. 122, 126, 42 SE2d 441; Hitchcock Corp. v. Turner,…