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32.100 Insurance; Failure to Pay Claim; Bad Faith
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Description
32.100 Insurance; Failure to Pay Claim; Bad Faith If you find that the insurer has exercised bad faith in refusing to pay a claim within sixty days after demand, the insurer shall be liable, in addition to the loss, for a penalty up to 50 percent of the amount of the loss or $5,000, whichever is greater, and all reasonable attorney's fees. You must determine, first, how much the loss was and, second, how much penalty the plaintiff is entitled to receive. The penalty may be any amount as determined by the jury up to but not exceeding 50 percent of the loss or $5,000, whichever is greater. You must then determine how much the attorney's fees shall be on the basis of evidence brought before you as to the reasonable value of the services, based on time spent and legal and factual issues involved in accordance with prevailing fees. Your verdict should fix the amount of the loss first and then, if you find that bad faith existed, make separate findings as to penalty (not over 50 percent of the loss or $5,000, whichever is greater) and attorney's fees. (Note: Penalty changed effective 7/1/2001.) O.C.G.A. §33-4-6 United States Fire Insurance Co. v. Tuck., 115 Ga. App. 562 (1967)
