National Casualty Company v. Dixon

114 Ga. App. 362 (1966)

151 S.E.2d 539

NATIONAL CASUALTY COMPANY v. DIXON.

42310.

Court of Appeals of Georgia.

Submitted September 7, 1966.

Decided September 28, 1966.

*363 Fulcher, Fulcher, Hagler, Harper & Reed, W. M. Fulcher, for appellant.

Grant & Matthews, C. A. Matthews, Jr., for appellee.

EBERHARDT, Judge.

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. Ins. Co. of America v. Thain, 110 Ga. App. 603, 606 (139 SE2d 447); Royal Ins. Co. v. Cohen, 105 Ga. App. 746 (3) (125 SE2d 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 SE2d 774), conformed to, 109 Ga. App. 21 (134 SE2d 880); George Washington Life Ins. Co. v. Smith, 90 Ga. App. 459 (83 SE2d 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 &c. Life Ins. Co., 55 Ga. 475, 480; Life Ins. Co. of Ga. v. Burke, 219 Ga. 214 (2) (132 SE2d 737); Alliance Ins. Co. v. Williamson, 36 Ga. App. 497, 504 (137 SE 277); National Cas. Co. v. Borochoff, 45 Ga. App. 745 (165 SE 905); Adams v. Washington Fidelity Nat. Ins. Co., 48 Ga. App. 753 (4) (173 SE 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 &c. of Americus v. Brightwell, 90 Ga. App. 341, 344 (3) (82 SE2d 732); Leggett v. Brewton, 104 Ga. App. 580, 583 (122 SE2d 469); Globe Motors, Inc. v. Noonan, 106 Ga. App. 486, 487-490 (127 SE2d 320); Davis-Pickett Chevrolet v. Collier, 106 Ga. App. 660 (5) (127 SE2d 923); Ryder Truck Rental v. Gianotos, 113 Ga. App. 81 (147 SE2d 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. Bell, P. J., and Jordan, J., concur.