First Financial Insurance v. Rainey

Court of Appeals of Georgia

First Financial Insurance v. Rainey

406 S.E.2d 487, 199 Ga. App. 819, 1991 Ga. App. LEXIS 980

CourtCourt of Appeals of Georgia

DecidedMay 7, 1991

DocketA90A0137

StatusPublished

This text of 406 S.E.2d 487 (First Financial Insurance v. Rainey) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Financial Insurance v. Rainey, 406 S.E.2d 487, 199 Ga. App. 819, 1991 Ga. App. LEXIS 980 (Ga. Ct. App. 1991).

Pincite

Opinion

Banke, Presiding Judge.

The appellees in this case sued to recover certain, “no-fault” automobile insurance benefits allegedly owed them by the appellant insurer, along with a bad-faith penalty, punitive damages and attorney fees. The trial court awarded them summary judgment on their claim for the insurance benefits, and a jury returned a verdict in their favor on the claim for a bad-faith penalty, punitive damages, and attorney fees. In First Financial Ins. Co. v. Rainey, 195 Ga. App. 655 (394 SE2d 774) (1990), this court affirmed both awards. However, on cer-tiorari, the Georgia Supreme Court reversed the portion of our judgment affirming the award of a bad-faith penalty, punitive damages, and attorney fees. First Financial Ins. Co. v. Rainey, 261 Ga. 52 (401 SE2d 490) (1991). In accordance with the decision of the Supreme Court, Divisions 3 through 6 of our previous decision in the case are hereby vacated, and the judgment of the trial court is hereby affirmed in part and reversed in part.

Judgment affirmed in part and reversed in part.

Sognier, C. J., McMurray, P. J., Birdsong, P. J., Carley, Pope, Beasley, Cooper and, Andrews, JJ., concur.

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Banke, Presiding Judge.

The appellees in this case sued to recover certain, “no-fault” automobile insurance benefits allegedly owed them by the appellant insurer, along with a bad-faith penalty, punitive damages and attorney fees. The trial court awarded them summary judgment on their claim for the insurance benefits, and a jury returned a verdict in their favor on the claim for a bad-faith penalty, punitive damages, and attorney fees. In First Financial Ins. Co. v. Rainey, 195 Ga. App. 655 (394 SE2d 774) (1990), this court affirmed both awards. However, on cer-tiorari, the Georgia Supreme Court reversed the portion of our judgment affirming the award of a bad-faith penalty, punitive damages, and attorney fees. First Financial Ins. Co. v. Rainey, 261 Ga. 52 (401 SE2d 490) (1991). In accordance with the decision of the Supreme Court, Divisions 3 through 6 of our previous decision in the case are hereby vacated, and the judgment of the trial court is hereby affirmed in part and reversed in part.

Judgment affirmed in part and reversed in part.

Sognier, C. J., McMurray, P. J., Birdsong, P. J., Carley, Pope, Beasley, Cooper and, Andrews, JJ., concur.

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Bluebook (online)

406 S.E.2d 487, 199 Ga. App. 819, 1991 Ga. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-financial-insurance-v-rainey-gactapp-1991.

Opinion

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