Brown v. Baker

Carley, Chief Judge.

Appellee-plaintiff filed the instant tort action, seeking to recover property damages incurred in a vehicular collision and, in addition, his expenses of litigation pursuant to OCGA § 13-6-11. Appellant-defendant answered, denying the material allegations of the complaint and asserting, among her other defenses, that the proximate cause of the collision was appellee’s negligence. Discovery subsequently established that appellee’s ÓCGA § 13-6-11 claim was based solely upon his contention that appellant’s liability insurer had “arbitrarily and capriciously refused to make a…