Legal Opinion
Colonial Life & Accident Insurance v. McClain
Supreme Court of Georgia
Decided March 7, 1979No. 34383PublishedCited by 59 opinions
1Opinion of the Court
Undercofler, Presiding Justice.
The Court of Appeals, by certified question, asks for instructions on the proper standard for reviewing a judgment against an insurer for damages and attorney fees for bad faith in refusing to pay a claim. Code Ann. § 56-1206. Such judgment is not authorized if an insurer had reasonable and probable cause for making a defense to the claim. Interstate Life &c. Ins. Co. v. Williamson, 220 Ga. 323 (138 SE2d 668) (1964).
However, in some cases, the Court of Appeals has reviewed such judgments upon the sufficiency of the evidence to support the verdict. See Poe v.…
2Cases cited12 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Interstate Life & Accident Insurance v. WilliamsonSupreme Court of Georgia · 1964
- Bituminous Casualty Corp. v. MoweryCourt of Appeals of Georgia · 1978
- St. Paul Fire & Marine Insurance v. PostellCourt of Appeals of Georgia · 1966
- United States Fire Insurance v. TuckCourt of Appeals of Georgia · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- American Family Life Assurance Company of Columbus, Georgia, a Georgia Corp. v. United States Fire Company, and Boston Old Colony Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1989
- Fortson v. Cotton States Mutual InsuranceCourt of Appeals of Georgia · 1983
- KEN-MAR CONSTRUCTION COMPANY, INC. v. BowenSupreme Court of Georgia · 1980
- Binns v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1983
- Progressive Casualty Insurance v. AveryCourt of Appeals of Georgia · 1983
54 more not listed; retrieve them via the Exa API.