COTTON STATES &c. INS. CO. v. PHILLIPS

41556.

112 Ga. App. 600 (1965)

145 S.E.2d 643

COTTON STATES MUTUAL INSURANCE COMPANY v. PHILLIPS.

Court of Appeals of Georgia.

Decided November 3, 1965.


Attorney(s) appearing for the Case

Hull, Towill & Norman, Julian B. Willingham, for plaintiff in error.

William C. Calhoun, contra.


JORDAN, Judge.

Assuming for the sake of argument only that the evidence was sufficient to authorize a finding that the defendant insurer could have settled the damage suits against its insured for an amount within the policy limits both before and after judgment, there is no evidence which would authorize the finding that its failure and refusal to do so was capricious and constituted bad faith — this being the test of an insurer's liability in a case such...

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