Colwell v. Voyager Casualty Insurance

Hill, Chief Justice.

We granted these parties’ cross applications for certiorari on the following questions: “Whether the holdings in Johnson v. Rheney, 245 Ga. 316 (4) (1980), and Wight Hardware Co. v. American Lubricants Co., 91 Ga. App. 339 (1954), were properly applied to the facts of this case” (Case No. 39873), and “In light of this court’s opinion in GEICO v. Mooney, 250 Ga. 760 (300 SE2d 799) (1983), was the jury improperly allowed to consider the refusal to pay optional PIP benefits in assessing the penalty, punitive damages, and attorney fees.” (Case No. 39879). Voyager Cas. Ins. Co.…