Benton Express, Inc. v. Royal Insurance Co. of America
Court of Appeals of Georgia
1Concurring in part, dissenting in partMcMurbay, Presiding Judge
There are at least two aspects to the defendants’ handling of claims against plaintiff which are the basis of allegations that defendants have failed to perform in conformity with a good faith standard resulting in a financial detriment to plaintiff. First, plaintiff maintains that defendants have overpaid on certain claims. Since plaintiff’s premium obligation on the insurance policies directly corresponds to the actual claims experience, overpayment of claims would add to plaintiffs financial burden for insurance premiums.
Secondly, plaintiff maintained that defendants created excess…
2Cases cited3 opinions
- Krause v. VanceCourt of Appeals of Georgia · 1993
- Southern Railway Co. v. MontgomeryCourt of Appeals of Georgia · 1989
- Morrison v. KoornickCourt of Appeals of Georgia · 1991