Rosshirt v. Cincinnati Insurance

Carley, Judge.

In March of 1983, Charles and Marlene Rosshirt instituted the instant action against Cincinnati Insurance Company (Cincinnati). The Rosshirts’ complaint invoked the then-recent decision in Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (300 SE2d 673) (1983) and sought $45,000 in optional no-fault PIP benefits for injuries sustained by Mrs. Rosshirt in a March 1977 automobile collision. Cincinnati answered, denying the material allegations of the complaint. The Rosshirts subsequently amended their complaint to add a prayer for bad faith penalties and attorney fees.

Discovery…