CopyCited 40 times | Published | Supreme Court of Georgia | Apr 19, 1983 | 250 Ga. 847
...*849 Nickerson & Gaulden, Thomas Henry Nickerson, for appellant. Griffin, Cochrane & Marshall, Terrence Lee Croft, for appellee. 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....
...aw, from recovering an award of penalties under that statute where there is other evidence of the circumstances surrounding the insurer's pre-trial refusal to pay when due which would authorize the jury to find a lack of good faith in such refusal?" Section
33-34-6 (Code Ann....
...263, 265 (253 SE2d 745) (1979) (applying "any evidence" rule in review of punitive damages award under OCGA §
33-4-6 (Code Ann. § 56-1206)); Note, Wrongful Refusal to Pay Insurance Claims in Georgia, 13 Ga. L. Rev. 935, 960 (1979). Application of an "any evidence" standard of review to §
33-34-6 (Code Ann....
CopyCited 30 times | Published | Supreme Court of Georgia | Mar 16, 1983 | 250 Ga. 760
...e policy was only for basic PIP benefits of $5,000 per person. Since we have interpreted the policy to provide for $50,000 PIP benefits, the Georges are entitled to the optional benefits if their proof of loss claims are in excess of basic PIP. OCGA §
33-34-6 (b) (Code Ann....
...ts may bring an action to recover them..." Under the policy, an "insured" is "a person entitled to benefits." See Atlanta Cas. Co. v. Jones,
247 Ga. 238 (275 SE2d 328) (1981). The Georges are authorized to file suit against the insurer GEICO by OCGA §
33-34-6 (b) (Code Ann....
...its proper proof of loss, he will be entitled to the additional benefits. 3. Mooney and the Georges have filed cross-appeals from the court's ruling that this is not an appropriate case for attorney fees and statutory penalties as authorized by OCGA §
33-34-6 (b) (Code Ann....
CopyCited 27 times | Published | Supreme Court of Georgia | Dec 5, 1983 | 251 Ga. 744
...The insurance company's claim form was returned to the company on June 1, 1981. In September, suit was filed seeking minimum no-fault benefits and the 25% statutory penalty and attorney fees for failing to pay the benefits due within 30 days of filing proof of loss under OCGA §
33-34-6(b) (Code Ann. § 56-3406b), [1] and punitive damages for failing to pay the benefits within 60 days of the filing under OCGA §
33-34-6 (c) (Code Ann....
...of it in failing to pay the minimum benefits due within 30/60 days after the proof of loss was filed. [7] Judgment affirmed in part; reversed in part. All the Justices concur, except Marshall, P. J., who concurs in the judgment only. NOTES [1] OCGA §
33-34-6 (b) (Code Ann....
...bring an action to recover them and the insurer must show that its failure or refusal to pay was in good faith, otherwise the insurer shall be liable for a penalty not exceeding 25 percent of the amount due and reasonable attorney's fees." [2] OCGA §
33-34-6 (c) (Code Ann....
CopyCited 26 times | Published | Supreme Court of Georgia | Jan 18, 1984 | 251 Ga. 739
...IP benefits for each of their parents. After receiving the demand, Cotton States sought and received an extension of time, until December 21, 1981, in order to decide how to treat such Jones' claims. [1] Such a time extension was needed because OCGA §
33-34-6 (b) (Code Ann....
...bring an action to *741 recover them and the insurer must show that its failure or refusal to pay was in good faith, otherwise the insurer shall be liable for a penalty not exceeding 25 percent of the amount due and reasonable attorney's fees." OCGA §
33-34-6 (c) (Code Ann....
...enefits on December 17, 1981. The McFathers then filed this suit on February 8, 1982, seeking the 25% penalty, attorney fees and punitive damages under the statutory penalty provisions, for failing to pay their claims within the allotted times. OCGA §
33-34-6 (b), (c) (Code Ann....
...fees and $138,000 in punitive damages. While Cotton States' motion for new trial was pending, we decided Flewellen. Cotton States appeals. 1. Cotton States argues that the no-fault act is unconstitutional on equal protection grounds insofar as OCGA §
33-34-6 (b), (c) (Code Ann....
...Moreover, in Flewellen, we did not adopt the continuing offer/reformation rationale of the Jones decision. "Under these circumstances," GEICO, supra, we find that insurance companies which did not pay Jones claims while Flewellen was pending should not be penalized with bad faith penalties and damages under OCGA §
33-34-6 (b) (c) (Code Ann....
...The question certified was not the question raised here, and Binns is *744 thus inapposite. In the case before us, Cotton States states that it tendered the optional PIP benefits within 30 days of March 23, 1983, and thereby satisfied the time requirements of OCGA §
33-34-6 (b) and (c) (Code Ann....
CopyCited 24 times | Published | Supreme Court of Georgia | Dec 4, 1985 | 255 Ga. 300
...insured sign the application for insurance or consent in writing to its issuance. In the Connecticut General case the district court, Chief Judge Charles A. Moye, Jr., thoroughly reviewed the issue and concluded that the policy, for purposes of OCGA §
33-34-6 (a), was not a group policy and that it was therefore subject to the requirements of OCGA §
33-24-6 (a)....
CopyCited 17 times | Published | Supreme Court of Georgia | Apr 27, 1988 | 258 Ga. 236
...The issues now on appeal are (1) whether Shamone Collins is a "dependent child" qualifying for survivor's benefits under the no-fault insurance statute, and (2) whether the insurer's refusal to pay the claim authorizes bad faith penalties, attorney fees and punitive damages under OCGA §
33-34-6 (b) and (c)....
...Reversal of the bad faith award does not affect the award of prejudgment interest, since prejudgment interest is based on the outstanding debt. Intl. Indem. Co. v. Terrell,
178 Ga. App. 570 (344 SE2d 239) (1986). However, the award of attorney fees must be reversed as such award is no longer authorized by OCGA §
33-34-6 (b)....
CopyCited 15 times | Published | Supreme Court of Georgia | Jun 27, 1994 | 444 S.E.2d 739, 94 Fulton County D. Rep. 2214
...For purposes of this appeal we are assuming Delk was a permissive user and therefore covered by the policy GFB issued to the vehicle's owner. [6] Those entitled to receipt of insurance benefits formerly had a statutory right to seek damages caused by the insurer's failure to pay. OCGA §
33-34-6 (b). If the insurer could not establish that its failure or refusal to pay benefits to the entitled person was in good faith, OCGA §
33-34-6 (b) mandated the imposition of a penalty and reasonable attorney fees. The insurer's bad-faith refusal to pay also subjected it to punitive damages under §
33-34-6 (c). OCGA §
33-34-6 was repealed, effective October 1, 1991, with the passage of a new "Georgia Motor Vehicle Accident Reparations Act." Ga....
CopyCited 12 times | Published | Supreme Court of Georgia | Sep 3, 1986 | 256 Ga. 285
...It is undisputed that State Farm paid all claims for personal injury protection benefits submitted by Lawson at least seven months prior to his filing suit. Nevertheless, Lawson brought this action against State Farm for statutory penalties, punitive damages, and attorney's fees pursuant to OCGA §
33-34-6 (b) and (c) for State Farm's failure to pay his claims within the time period required by the statute....
...son's appeal is appropriate for resolution by the highest court of Georgia. We therefore certify the following question: `Whether an action "to recover benefits" is a prerequisite to maintaining an action for penalties or punitive damages under OCGA §
33-34-6 (b) and (c)?'" We answer the certified question in the negative. OCGA §
33-34-6 (b) provides that benefits required to be paid without regard to fault become overdue when not paid within thirty days after the infault receives reasonable proof of loss....
...may bring an action to recover them and the insurer must show that its failure or refusal to pay was in good faith, otherwise the insurer shall be liable for a penalty not exceeding 25 percent of the amount due and reasonable attorney's fees." OCGA §
33-34-6 (c) provides in addition to the penalties of subsection (b), "in the event that an insurer fails or refuses to pay a person the benefit which the person is entitled to under this chapter within 60 days after proper proof of loss has been f...
...benefits; and, if the insurer fails to prove that its failure or refusal to pay the benefits was in good faith, the insurer shall be subject to punitive damages." The apparent purpose of the legislature in enacting the 30/60-day requirements of OCGA §
33-34-6 was to assure prompt payment of claims by imposing penalties and damages on insurers failing to meet the deadlines....
...Whether the acceptance of late payment by the claimant himself should estop him from bringing a suit for penalties and damages is a different issue, and not before us in this case. We hold that an action to recover benefits is not a prerequisite to maintaining an action for penalties or punitive damages under OCGA §
33-34-6....
...All the Justices concur, except Marshall, C. J., Weltner and Hunt, JJ., who dissent. HUNT, Justice, dissenting. In reaching its decision, the majority concludes that: "The apparent purpose of the legislature in enacting the 30/60-day requirements of OCGA §
33-34-6 was to assure prompt payment of claims by imposing penalties and damages on insurers failing to meet those deadlines." I disagree....
CopyCited 10 times | Published | Supreme Court of Georgia | Feb 27, 1985 | 254 Ga. 63
...The company asserts that by the time it became aware of the decision, the file on Doran's claim had been `closed out.' Doran maintains that Travelers' failure to pay his claim or notify him within thirty days of the Supreme Court decision constituted a bad faith refusal to pay a claim under OCGA §
33-34-6....
...ing basic PIP benefits. The district court granted summary judgment for the defendant and Doran has appealed." 1. The first of the four questions is: "Did the Travelers act in good faith as a matter of law so as to avoid the sanctions of OCGA § *66
33-34-6, [1] when it relied upon Boston Old Colony Ins....
CopyCited 9 times | Published | Supreme Court of Georgia | Oct 29, 1986 | 256 Ga. 446
...s including a provision for payment to the insured without regard to fault in the amount of `[e]ighty-five percent of the loss of income or earnings during disability with a maximum benefit of $200.00 per week ....' OCGA §
33-34-4 (a) (2) (B). OCGA §
33-34-6 (b) provides in part: `Benefits required to be paid without regard to fault shall be payable monthly as loss accrues....
CopyCited 9 times | Published | Supreme Court of Georgia | Sep 26, 1984 | 253 Ga. 328
...scharge of its obligations. [2] We agree, and, for the reasons which follow, answer the certified question in the negative. 1. We begin by noting that the United States is not an "insured" within the meaning of OCGA §
33-34-2 (5). [3] Further, OCGA §
33-34-6 (a) states, "Payments of benefits required by this chapter must be made periodically on a monthly basis as expenses are incurred or, in the case of total disability, as disability continues." (Emphasis supplied.) Examining the Act as a who...
...The no-fault carrier's obligation to pay is therefore never triggered and neither the insured nor the United States may seek a recovery from the no-fault carrier. Heusle v. Nat. Mutual Ins. Co., 628 F2d 833 (3rd Cir. 1980). 2. The United States argues, however, that the portion of OCGA §
33-34-6 (b) which states, "Basic no-fault payments may be paid by the insurer directly to persons or firms supplying necessary products, services or accommodations to the claimant," indicates a legislative intent to require the no-fault carrier to...
CopyCited 9 times | Published | Supreme Court of Georgia | Mar 14, 1984 | 252 Ga. 289
...Winburn, Lewis & Barrow, Gene Mac Winburn, John E. James, amicus curiae. HILL, Chief Justice. We granted certiorari in this case on the following questions: "(1) Whether MARTA, in its capacity as a self-insurer under our no-fault insurance law, is liable for punitive damages under OCGA §
33-34-6 (Code Ann....
...He has yet to receive even the $220.35 emergency room fee incurred when he was sent there by an ambulance called by a MARTA supervisor. The case was tried by a jury, which awarded the plaintiff $2,945.83 in compensatory damages and $100,000 in punitive damages under OCGA §
33-34-6 (Code Ann....
...or Vehicle Accident Reparations Act (Ga. L. 1974, p. 113 et seq.) for all accidents occurring during the period that applicant continues to hold the status of self-insurer with the Department of Public Safety." Section 6(c) of the no-fault act, OCGA §
33-34-6 (c) (Code Ann....
...There is no merit to MARTA's contention that it agreed only to comply with the no-fault act as enacted in 1974 without any amendments. (MARTA relies on the fact that its certificate was approved and has remained unchanged since March 24, 1975, one month before the effective date of OCGA §
33-34-6 (c) (Code Ann....
...It can fairly be said that as a self-insurer MARTA has agreed to comply with the applicable law as amended, be those amendments in its favor or not. MARTA had the authority to contract for no-fault insurance, and if it had its insurer would be subject to the penalty provision of OCGA §
33-34-6 (c) (Code Ann....
...MARTA chose to be a self-insurer and its obligations as such should not be reduced by virtue of its choice. Thus, we conclude that MARTA as a self-insurer is liable for punitive damages for failing to pay a claim within 60 days *292 of the filing of proof of loss under OCGA §
33-34-6 (c) (Code Ann....
CopyCited 8 times | Published | Supreme Court of Georgia | Jul 16, 1984 | 253 Ga. 169
...Georgia Farm Bureau’s remaining enumerations of error are not supported by argument or citation of authority and are deemed abandoned pursuant to Supreme Court Rule 45.
3. In Case No. 40805, Montgomery appeals from the order denying him statutory penalties, punitive damages, and attorney fees. See OCGA §
33-34-6 (b) (c)....
CopyCited 7 times | Published | Supreme Court of Georgia | Nov 21, 1994 | 449 S.E.2d 827, 94 Fulton County D. Rep. 3730
...Also, as noted by the Court of Appeals in this case, our case of MARTA v. Binns,
252 Ga. 289 (313 SE2d 104) (1984) is distinguishable because in that case MARTA was held liable for punitive damages not as a tortfeasor, but as a self-insurer liable for a bad faith refusal to pay no-fault benefits under OCGA §
33-34-6.
The dissent cites Greenwood Cemetery v....
CopyCited 5 times | Published | Supreme Court of Georgia | Sep 8, 1987 | 257 Ga. 385
...IP). The Court of Appeals held that the claim in this case is liquidated and that interest runs from the time demand for payment of benefits is made by the insured until payment is tendered by the insurer, less the thirty-day period provided in OCGA §
33-34-6....
CopyCited 3 times | Published | Supreme Court of Georgia | Feb 21, 1991 | 261 Ga. 52
...In this opinion we consider whether injuries suffered by a child arose out of the operation, maintenance, or use of an insured vehicle as a vehicle within the contemplation of OCGA §
33-34-2(1) and (9), and whether the insurer may be liable for bad-faith penalties, attorney fees, and punitive damages pursuant to OCGA §
33-34-6(b) and (c)....
...The defendants counterclaimed for basic medical benefits for the child, bad-faith penalties, attorney fees, and punitive damages. The trial court granted summary judgment to defendants on the question of basic benefits, and a jury awarded defendants bad-faith penalties, attorney fees, and punitive damages pursuant to §
33-34-6....
...ss of the holding of the Court of Appeals on that issue. Accordingly, we hold that the insurer was legally justified in litigating the issue and cannot, as a matter of law, be liable for bad-faith penalties, attorney fees, and punitive damages under §
33-34-6....
CopyCited 1 times | Published | Supreme Court of Georgia | Oct 1, 1985 | 334 S.E.2d 673
...230 (274 SE2d 623) (1980), the appellees made demand on the appellant for optional PIP benefits for each of the decedents. The appellant denied the claim for additional PIP benefits. On February 2, 1982, the appellees filed suit against the appellant seeking a 25% penalty and attorney fees under OCGA §
33-34-6 (b) for failure of the appellant to pay the optional PIP benefits within 30 days of demand and proof of loss....
...Ins. Co. v. McFather, 251 Ga., supra *14at p. 743 (3). We further held, “In the case before us, Cotton States states that it tendered the optional PIP benefits within 30 days of March 23, 1983, and thereby satisfied the time requirements of OCGA §
33-34-6 (b) and (c)....
