Southern General Insurance v. Holt

1. I join in Divisions 1, 3, 4 and 5 of the majority opinion.

2. I respectfully dissent from the majority’s conclusion in Division 2 because basic elements of Fortson’s bad faith excess verdict claim were missing from this case. In order to avoid a directed verdict, basic tort law principles dictate that Fortson introduce evidence that Southern General breached a duty owed to Holt, and that such breach was the legal cause of harm to Holt. Although I agree with the majority’s conclusion that Holt was harmed, I disagree with the majority’s conclusion that the jury was authorized to find that a…