National Casualty Company v. Dixon

Court of Appeals of Georgia

National Casualty Company v. Dixon

151 S.E.2d 539, 114 Ga. App. 362, 1966 Ga. App. LEXIS 767

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 1966

Docket42310

StatusPublished

Cited by7 cases

This text of 151 S.E.2d 539 (National Casualty Company v. Dixon) 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

National Casualty Company v. Dixon, 151 S.E.2d 539, 114 Ga. App. 362, 1966 Ga. App. LEXIS 767 (Ga. Ct. App. 1966).

Pincite

Opinion

Eberhardt, Judge.

1. In a suit on a collision insurance policy where it appears that there was a bona fide dispute between the insured and the insurer as to the amount of the loss, the difference in the amounts being substantial, neither a charge on nor a verdict for bad faith damages and attorneys fees was authorized. First Nat. Ins. Co. of America v. Thain, 110 Ga. App. 603, 606 (139 SE2d 447); Royal Ins. Co. v. Cohen, 105 Ga. App. 746 (3) (125 SE2d 709).

2. A proof of loss does not, standing alone, constitute a demand for payment. Guarantee Reserve Life Ins. Co. v. Norris, 219 Ga. 573 (134 SE2d 774), conformed to, 109 Ga. App. 21 (134 SE2d 880) ; George Washington Life Ins. Co. v. Smith, 90 Ga. App. 459 (83 SE2d 302). A demand, to be effective, must be made at a time when the insured has a right to^ exact present payment, and must be alleged and proven. Lester v. Piedmont &c. Life Ins. Co., 55 Ga. 475, 480; Life Ins. Co. of Ga. v. Burke, 219 Ga. 214 (2) (132 SE2d 737); Alliance Ins. Co. v. Williamson, 36 Ga. App. 497, 504 (137 SE 277); National Cas. Co. v. Borochoff, 45 Ga. App. 745 (165 SE 905); Adams v. Washington Fidelity Nat. Ins. Co., 48 Ga. App. 753 (4) (173 SE 247). Unless this appears, a charge on bad faith and attorneys .fees is unauthorized and a verdict' including '. themjs unsupported. ".

3. -Failure of the court to include in the charge instructions or ■ rules :fór-the computation of damages was' error. Mayor &c. of Americus v. Brightwell, 90 Ga. App. 341, 344 (3) (82 SE2d 732); Leggett v. Brewton, 104 Ga. App. 580, 583 (122 SE2d 469); Globe Motors, Inc. v. Noonan, 106 Ga. App. 486, 487-490 (127 SE2d 320); Davis-Pickett Chevrolet v. Collier, 106 Ga. App. 660 (5) (127 SE2d 923); Ryder Truck Rental v. Gianotos, 113 Ga. App. 81 (147 SE2d 448).

4. Where the loss was alleged to have been total and a recovery was sought for the full market value of the vehicle, less $50, deductible under terms of the policy, and it appeared from the evidence that there was salvage of substantial value, a verdict for the full market value, or a total loss, was unauthorized.

Judgment reversed.

Bell, P. J., and Jordan, J., concur. *363 Fulcher, Fulcher, Hagler, Harper & Reed, W. M. Fulcher, for appellant. Grant & Matthews, C. A. Matthews, Jr., for appellee.

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Eberhardt, Judge.

1. In a suit on a collision insurance policy where it appears that there was a bona fide dispute between the insured and the insurer as to the amount of the loss, the difference in the amounts being substantial, neither a charge on nor a verdict for bad faith damages and attorneys fees was authorized. First Nat. Ins. Co. of America v. Thain, 110 Ga. App. 603, 606 (139 SE2d 447); Royal Ins. Co. v. Cohen, 105 Ga. App. 746 (3) (125 SE2d 709).

2. A proof of loss does not, standing alone, constitute a demand for payment. Guarantee Reserve Life Ins. Co. v. Norris, 219 Ga. 573 (134 SE2d 774), conformed to, 109 Ga. App. 21 (134 SE2d 880) ; George Washington Life Ins. Co. v. Smith, 90 Ga. App. 459 (83 SE2d 302). A demand, to be effective, must be made at a time when the insured has a right to^ exact present payment, and must be alleged and proven. Lester v. Piedmont &c. Life Ins. Co., 55 Ga. 475, 480; Life Ins. Co. of Ga. v. Burke, 219 Ga. 214 (2) (132 SE2d 737); Alliance Ins. Co. v. Williamson, 36 Ga. App. 497, 504 (137 SE 277); National Cas. Co. v. Borochoff, 45 Ga. App. 745 (165 SE 905); Adams v. Washington Fidelity Nat. Ins. Co., 48 Ga. App. 753 (4) (173 SE 247). Unless this appears, a charge on bad faith and attorneys .fees is unauthorized and a verdict' including '. themjs unsupported. ".

3. -Failure of the court to include in the charge instructions or ■ rules :fór-the computation of damages was' error. Mayor &c. of Americus v. Brightwell, 90 Ga. App. 341, 344 (3) (82 SE2d 732); Leggett v. Brewton, 104 Ga. App. 580, 583 (122 SE2d 469); Globe Motors, Inc. v. Noonan, 106 Ga. App. 486, 487-490 (127 SE2d 320); Davis-Pickett Chevrolet v. Collier, 106 Ga. App. 660 (5) (127 SE2d 923); Ryder Truck Rental v. Gianotos, 113 Ga. App. 81 (147 SE2d 448).

4. Where the loss was alleged to have been total and a recovery was sought for the full market value of the vehicle, less $50, deductible under terms of the policy, and it appeared from the evidence that there was salvage of substantial value, a verdict for the full market value, or a total loss, was unauthorized.

Judgment reversed.

Bell, P. J., and Jordan, J., concur. *363 Fulcher, Fulcher, Hagler, Harper & Reed, W. M. Fulcher, for appellant. Grant & Matthews, C. A. Matthews, Jr., for appellee.

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151 S.E.2d 539, 114 Ga. App. 362, 1966 Ga. App. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-casualty-company-v-dixon-gactapp-1966.

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