CHEROKEE NAT. LIFE INS. CO. v. EASON

No. A05A1488.

622 S.E.2d 883 (2005)

276 Ga. App. 183

CHEROKEE NATIONAL LIFE INSURANCE COMPANY v. EASON et al.

Court of Appeals of Georgia.

November 2, 2005.


Attorney(s) appearing for the Case

Stephen Anderson, Anderson Dailey LLP, Atlanta, Sam Brannen, Statesboro, for appellant.

Bruce Dubberly, Jr., Dubberly & McGovern, Glennville, for appellees.


JOHNSON, Presiding Judge.

In this appeal, we decide whether a jury properly awarded additional damages and attorney fees to an insured in an action brought against an insurance company, when the jury specifically found that the insurer's refusal to pay death benefits was not in bad faith. We hold that the additional damages were not authorized given the finding of no bad faith, and reverse that award. Because the attorney fee issue was not preserved for appeal, the...

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