International Indemnity Co. v. Mack

Benham, Judge.

After her husband was killed in an automobile collision, appellee made a claim for $5,000 in PIP benefits under a policy issued by appellant. When appellant did not make payment pursuant to the policy, appellee brought suit. Appellant subsequently tendered a draft for $6,500 ($5,000 for PIP benefits; $1,500 for attorney fees), which appellee accepted. The lawsuit was then dismissed without prejudice. Appellee later made a claim for an additional $45,000 in optional PIP benefits, tendering the additional premiums for that coverage. See Jones v. State Farm &c. Ins. Co., 156 Ga.…