METROPOLITAN PROPERTY & LIABILITY INSURANCE COMPANY v. Shepherd

Banke, Judge.

This is the second appearance of this case before us. See Shepherd v. Metro. Property & Liability Ins. Co., 163 Ga. App. 650 (294 SE2d 638) (1982). Shepherd began this action to recover bad faith penalties and attorney fees because of Metropolitan’s alleged refusal to pay his claim for a fire loss to his home. This appeal concerns only Metropolitan’s counterclaim for approximately $86,000 in insurance benefits which it paid to Shepherd’s mortgagees because of the same fire loss. Metropolitan contends that Shepherd either set the fire himself or had some one else do it and that he…