Allstate Insurance v. Torok

Banke, Judge.

This is a suit by the appellee to recover a bad-faith penalty, punitive damages, and attorney fees pursuant to OCGA § 33-34-6 (Code Ann. § 56-3406b), based on the appellant insurance company’s alleged failure to pay a “no-fault” automobile insurance claim in a timely fashion. We granted the insurer’s application for interlocutory appeal from the denial of its motion for summary judgment.

The appellee originally sued to recover $21,798.57 in no-fault benefits, although the total amount of such coverage provided by his policy was only $10,000, of which the insurer had already paid…