Reserve Life Insurance Co. v. Ayers

Frankum, Judge.

1. Bad faith will authorize the award of a penalty and attorney’s fees under the provisions of Code § 56-706, but “this bad faith ‘must occur at the time the company fails to pay the benefit provided for in a policy of full force and effect at the expiration of the 60-day period after proof of loss and demand for payment has been made, rather than at the time of the trial’.” Life & Cas. Ins. Co. of Tenn. v. Brown, 95 Ga. App. 354 (98 S. E. 2d 68); Calvert Fire Ins. Co. v. Mack, 88 Ga. App. 617 (76 S. E. 2d 829); American Fire &c. Co. v. Barfield, 81 Ga. App. 887 (60 S. E. 2d…