Consolidated Auto Warranty Corp. v. Bankers Fire & Marine Insurance

GROOMS, District Judge.

There has been submitted to the Court a motion to strike the amendment to the complaint filed herein on October 20, 1959. This amendment seeks to recover under the provision of the Georgia statute, § 56-706, a penalty and attorneys’ fees for alleged bad faith failure to pay an insurance loss. The parties have submitted memorandum briefs which the Court has carefully considered. The Court has also independently researched this question. The issue presented is whether the Georgia statute has any extraterritorial operation.

It is said in 14 American Jurisprudence, p. 419, §…