Legal Opinion
Binns v. Metropolitan Atlanta Rapid Transit Authority
Supreme Court of Georgia
Decided April 19, 1983No. 39297PublishedCited by 36 opinions
1Opinion of the Court
Smith, Justice.
The Court of Appeals has certified the following question concerning the correct standard of appellate review of a punitive damages award under OCGA § 33-34-6 (c) (Code Ann. § 56-3406b):
Decided April 19, 1983.
“Although an appellate evaluation may demonstrate that the insurer’s defense at trial raised ‘a reasonable question of law or a reasonable issue of fact though not accepted by the trial court or jury,’ does the appellate standard of review of an award of penalties for a lack of ‘good faith’ under Code Ann. § 56-3406b (b) differ from that enunciated in McClain such that the…
2Cases cited4 opinions
- Colonial Life & Accident Insurance v. McClainSupreme Court of Georgia · 1979
- Atlanta Casualty Co. v. JonesSupreme Court of Georgia · 1981
- Miller v. SpicerCourt of Appeals of Georgia · 1978
- Gillem v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1981
3Cited by36 opinions
- American Family Life Assurance Company of Columbus, Georgia, a Georgia Corp. v. United States Fire Company, and Boston Old Colony Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1989
- Cotton States Mutual Insurance v. McFatherSupreme Court of Georgia · 1984
- Ray Shipes v. The Hanover Insurance Company, Ray Shipes v. Hanover Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1989
- Johnson v. National Union Fire InsuranceCourt of Appeals of Georgia · 1985
- Hartford Fire Insurance v. RowlandCourt of Appeals of Georgia · 1986
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