· 6/20/2007
Bayrock Mortgage Corp. v. Chicago Title Insurance
Citations
- 648 S.E.2d 433
- 286 Ga. App. 18
- 2007 Fulton County D. Rep. 2020
- 2007 Ga. App. LEXIS 676
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a demand for payment must be made by the insured at least 60 days prior to filing suit
- requiring that the insured prove “that the claim is covered under the policy” to prevail on a bad-faith claim under Ga.Code Ann. § 33-4-6
- finding that merely providing an insurer with notice of a claim and demanding payment did not satisfy § 33-4-6
- explaining that the insured must show, among other things, that the claim is covered
- first element of a claim for an insurer’s bad faith is proof that the claim is covered under the policy
- bad-faith failure to settle can only occur if the claim was in fact covered under the policy
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller, Barnes, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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