Rowell v. New Jersey Insurance

Court of Appeals of Georgia

Rowell v. New Jersey Insurance

127 S.E. 624, 33 Ga. App. 558, 1925 Ga. App. LEXIS 589

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1925

Docket16101

StatusPublished

This text of 127 S.E. 624 (Rowell v. New Jersey Insurance) 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

Rowell v. New Jersey Insurance, 127 S.E. 624, 33 Ga. App. 558, 1925 Ga. App. LEXIS 589 (Ga. Ct. App. 1925).

Pincite

Opinion

Bloodworth, J.

Bowell brought suit against the New Jersey Insurance Company of Newark, New Jersey, on an insurance policy for the amount thereof, and in addition asked for damages and attorney’s fees. On the trial the court directed a verdict for the plaintiff for the full amount of the policj', but denied a recovery for damages and attorney’s fees. The plaintiff excepted to the judgment denying to him damages and attorney’s fees, and to certain rulings on the admission of evidence. In the brief of counsel for the plaintiff the assignments of error on the admission of evidence are expressly abandoned, leaving for determination only the alleged error of the court in refusing the plaintiff a recovery of damages and attorney’s fees. Under the particular facts of this case and the issues raised, this court is not willing to say that the record shows that the refusal of the defendant to pay the loss under the policy was in bad faith, or that the court erred in refusing to the plaintiff a recovery of damages and attorney’s fees.

Judgment affirmed.

Broyles, O. J., and Luke J., concur.

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Bloodworth, J.

Bowell brought suit against the New Jersey Insurance Company of Newark, New Jersey, on an insurance policy for the amount thereof, and in addition asked for damages and attorney’s fees. On the trial the court directed a verdict for the plaintiff for the full amount of the policj', but denied a recovery for damages and attorney’s fees. The plaintiff excepted to the judgment denying to him damages and attorney’s fees, and to certain rulings on the admission of evidence. In the brief of counsel for the plaintiff the assignments of error on the admission of evidence are expressly abandoned, leaving for determination only the alleged error of the court in refusing the plaintiff a recovery of damages and attorney’s fees. Under the particular facts of this case and the issues raised, this court is not willing to say that the record shows that the refusal of the defendant to pay the loss under the policy was in bad faith, or that the court erred in refusing to the plaintiff a recovery of damages and attorney’s fees.

Judgment affirmed.

Broyles, O. J., and Luke J., concur.

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Bluebook (online)

127 S.E. 624, 33 Ga. App. 558, 1925 Ga. App. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowell-v-new-jersey-insurance-gactapp-1925.