National Cas. Co. v. Dixon, 42310
| Decision Date | 28 September 1966 |
| Docket Number | No. 42310,No. 3,42310,3 |
| Parties | NATIONAL CASUALTY COMPANY v. W. L. DIXON |
| Court | Georgia Court of Appeals |
Fulcher, Fulcher, Hagler, Harper & Reed, W. M. Fulcher, Augusta, for appellant.
Grant & Matthews, C. G. Matthews, Jr., Elberton, for appellee.
Syllabus Opinion by the Court
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'l Ins. Co. of America v. Thain, 110 Ga.App. 603, 606, 139 S.E.2d 447; Royal Ins. Co. v. Cohen, 105 Ga.App. 746(3), 125 S.E.2d 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 S.E.2d 774, conformed to 109 Ga.App. 21, 134 S.E.2d 880; George Washington Life Ins. Co. v. Smith, 90 Ga.App. 459, 83 S.E.2d 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 and Arlington Life Ins. Co., 55 Ga. 475, 480; Life Ins. Co. v. Burke, 219 Ga. 214(2), 132 S.E.2d 737; Alliance Ins. Co. v. Williamson, 36 Ga.App. 497, 504, 137 S.E. 277; National Cas. Co. v. Borochoff, 45 Ga.App. 745, 165 S.E. 905; Adams v. Washington Fidelity Nat'l Ins. Co., 48 Ga.App. 753(4), 173 S.E. 247. Unless this appears, a charge on bad faith and attorneys fees is unauthorized and a verdict including them is unsupported.
3. Failure of the court to include in the charge instructions or rules for the computation of damages was error. Mayor & Council of Americus v. Brightwell, 90 Ga.App. 341, 344(3), 82 S.E.2d 732; Leggett v. Brewton, 104 Ga.App. 580, 583, 122 S.E.2d 469; Globe Motors, Inc. v. Noonan, 106 Ga.App. 486, 478-490, 127 S.E.2d 320; Davis-Pickett Chevrolet, Inc. v. Collier, 106 Ga.App. 660(5), 127 S.E.2d 923; Ryder Truck Rental, Inc. v. Gianotos, 113 Ga.App. 81, 147 S.E.2d 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.
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