Opinion
A90A0137.
DECIDED MAY 7, 1991.
Action on policy. Dougherty Superior Court. Before Judge Gray.
Crim Bassler, Harry W. Bassler, Philip G. Pompilio, for appellant.
Burt Swan, Walter H. Burt III, William S. Stone, for appellees.
The appellees in this case sued to recover certain "no-fault" automobile insurance benefits allegedly owed them by the appellant insurer, along with a bad-faith penalty, punitive damages and attorney fees. The trial court awarded them summary judgment on their claim for the insurance benefits, and a jury returned a verdict in their favor on the claim for a bad-faith penalty, punitive damages, and attorney fees. In First Financial Inc. Co. v. Rainey, 195 Ga. App. 655 ( 394 S.E.2d 774) (1990), this court affirmed both awards. However, on certiorari, the Georgia Supreme Court reversed the portion of our judgment affirming the award of a bad-faith penalty, punitive damages, and attorney fees. First Financial Inc. Co. v. Rainey, 261 Ga. 52 ( 401 S.E.2d 490) (1991). In accordance with the decision of the Supreme Court, Divisions 3 through 6 of our previous decision in the case are hereby vacated, and the judgment of the trial court is hereby affirmed in part and reversed in part.
Judgment affirmed in part and reversed in part. Sognier, C. J., McMurray, P. J., Birdsong, P. J., Carley, Pope, Beasley, Cooper and Andrews, JJ., concur.