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RESERVE LIFE INSURANCE CO. v. AYERS

38249.

101 Ga. App. 887 (1960)

115 S.E.2d 477

RESERVE LIFE INSURANCE COMPANY v. AYERS.

Court of Appeals of Georgia.

Decided June 23, 1960.

Attorney(s) appearing for the Case

Eugene M. Kerr, for plaintiff in error.

Randall Evans, Jr., contra.

FRANKUM, Judge.

1. Bad faith will authorize the award of a penalty and attorney's fees under the provisions of Code § 56-706, but "this bad faith `must occur at the time the company fails to pay the benefit provided for in a policy of full force and effect at the expiration of the 60-day period after proof of loss and demand for payment has been made, rather than at the time of the trial'." Life & Cas. Ins. Co. of Tenn. v. Brown,

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