Colonial Life & Accident Insurance v. McClain

Carley, Judge.

This is an appeal by the insurer from a judgment entered on a jury verdict in favor of the plaintiff for the full amount of his claim for benefits under a policy of accidental disability insurance together with an award of a bad faith penalty and attorney fees. This is the second appearance of this case in this court; after the first trial, judgment in favor of the claimant was reversed because of an error in the jury charge. Colonial Life &c. Co. v. McClain, 144 Ga. App. 201 (240 SE2d 759) (1977). That first trial also resulted in a verdict for a bad faith penalty and attorney…