Legal Opinion

Cotton States Mutual Insurance v. Phillips

Court of Appeals of Georgia

Decided November 3, 1965No. 41556PublishedCited by 6 opinions

1Opinion of the Court

Jordan, Judge.

Assuming for the sake of argument only that the evidence was sufficient to authorize a finding that the defendant insurer could have settled the damage suits against its insured for an amount within the policy limits bath before' and after judgment, there is no evidence which would authorize the finding that its failure and refusal to do so was capricious and constituted bad faith—this being the test of an insurer’s liability in a case such as this. Cotton States Mut. Ins. Co. v. Fields, 106 Ga. App. 740 (128 SE2d 368); Georgia Cas. &c. Co. v. Reville, 97 Ga. App. 888 (104 SE2d…

2Cases cited5 opinions

  1. Cotton States Mutual Insurance Company v. FieldsCourt of Appeals of Georgia · 1962
  2. State Farm Mutual Automobile Insurance v. HodgesSupreme Court of Georgia · 1965
  3. Georgia Casualty & Surety Co. v. RevilleCourt of Appeals of Georgia · 1958
  4. Cotton States Mutual Insurance v. PhillipsCourt of Appeals of Georgia · 1963
  5. State Farm Mutual Automobile Insurance v. HodgesCourt of Appeals of Georgia · 1965

3Cited by6 opinions

  1. United States Fidelity & Guaranty Co. v. EvansCourt of Appeals of Georgia · 1967
  2. Ben and Audrey Delancy, as Co-Administrators and on Behalf of Estate of Dr. Herman Delancy v. St. Paul Fire & Marine Insurance Co.Court of Appeals for the Eleventh Circuit · 1991
  3. Georgia Farm Bureau Mutual Insurance v. CalhounCourt of Appeals of Georgia · 1972
  4. Ben and Audrey Delancy, as Co-Administrators and on Behalf of Estate of Dr. Herman Delancy v. St. Paul Fire & Marine Insurance Co.Court of Appeals for the Eleventh Circuit · 1991
  5. Georgia Farm Bureau Mutual Insurance v. CalhounCourt of Appeals of Georgia · 1972

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