Opinion
42310.
SUBMITTED SEPTEMBER 7, 1966.
DECIDED SEPTEMBER 28, 1966.
Action on insurance policy. Glasscock Superior Court. Before Judge Killebrew from Augusta circuit.
Fulcher, Fulcher, Hagler, Harper Reed, W. M. Fulcher, for appellant.
Grant Matthews, C. A. Matthews, Jr., for appellee.
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 S.E.2d 447); Royal Ins. Co. v. Cohen, 105 Ga. App. 746 (3) ( 125 S.E.2d 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 S.E.2d 774), conformed to, 109 Ga. App. 21 ( 134 S.E.2d 880); George Washington Life Ins. Co. v. Smith, 90 Ga. App. 459 ( 83 S.E.2d 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 S.E.2d 737); Alliance Ins. Co. v. Williamson, 36 Ga. App. 497, 504 ( 137 S.E. 277); National Cas. Co. v. Borochoff, 45 Ga. App. 745 ( 165 S.E. 905); Adams v. Washington Fidelity Nat. Ins. Co., 48 Ga. App. 753 (4) ( 173 S.E. 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 S.E.2d 732); Leggett v. Brewton, 104 Ga. App. 580, 583 ( 122 S.E.2d 469); Globe Motors, Inc. v. Noonan, 106 Ga. App. 486, 487-490 ( 127 S.E.2d 320); Davis-Pickett Chevrolet v. Collier, 106 Ga. App. 660 (5) ( 127 S.E.2d 923); Ryder Truck Rental v. Gianotos, 113 Ga. App. 81 ( 147 S.E.2d 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.