Interstate Life & Accident Insurance v. Young

Banke, Judge.

The appellee filed a “statement of claim” in the Small Claims Court of Whitfield County seeking to recover $1,300 in benefits allegedly due under certain policies of hospitalization and convalescent insurance issued by the appellant, as well as to recover $325 in bad faith penalties and $225 in attorney fees. He subsequently was awarded a default judgment for the entire amount, based on the appellant’s failure to appear at the scheduled hearing. Three days after the default judgment was entered, the appellant filed a motion to dismiss the action on the ground that the “complaint”…