Srm Group, Inc. v. Travelers Property Casualty Company of America

308 Ga. 404

FINAL COPY S19G0473. SRM GROUP, INC. v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA. BETHEL, Justice. We previously held in Byers v. McGuire Properties, Inc., 285 Ga. 530, 540(6) ( 679 SE2d 1) (2009), that a counterclaimant asserting an independent compulsory counterclaim could not seek attorney fees and litigation expenses under OCGA § 13-6-11. For the reasons explained below, we now conclude that holding was erroneous. A defendant who brings a counterclaim against a plaintiff becomes the plaintiff as to that counterclaim. Thus, a plaintiff-in-counterclaim asserting an…