Opinion
47149.
SUBMITTED MAY 25, 1972.
DECIDED JUNE 16, 1972.
Action on insurance policy. Crisp Superior Court. Before Judge McMurray.
H. T. Greenholtz, Jr., for appellant.
Benjamin Zeesman, for appellee.
Mrs. Mrs. Myrtle Zeesman brought suit against Aetna Insurance Company to recover under a fire insurance policy, alleging that the houses insured thereunder had been destroyed by fire, that the value exceeded the fact amount of the policy, and that due proof of loss had been made to the company and along therewith a demand for payment. She also sought to recover damages and attorney's fees for bad faith in refusing to pay. The company answered, admitting that it had issued the policy sued on, insuring a dwelling therein described, but denied that it covered additionally certain private structures, pecan trees, shrubs, etc., which were also destroyed and for which recovery was sought. Demurrers were filed to the petition, general and special.
Defendant moved for summary judgment based upon the pleadings and answers made by the plaintiff to interrogatories propounded to her by the defendant. The motion was denied and defendant, obtaining a certificate for review, appeals. Held:
As to whether plaintiff may recover damages and attorney's fees, see Philadelphia Fire c. Ins. Co. v. Burroughs, 176 Ga. 260 (2) ( 168 S.E. 36); Guarantee c. Life Ins. Co. v. Norris, 219 Ga. 573, 575 ( 134 S.E.2d 774); National Cas. Co. v. Dixon, 114 Ga. App. 362 (2) ( 151 S.E.2d 539).
But there are substantial issues of fact for submission to the jury concerning, among other things, coverage, value, the amount of the loss. See Southern Ins. c. Co. v. A. Lewis Bros., 42 Ga. 587 (4); Travelers Ins. Co. v. Sheppard, 85 Ga. 751, 761 ( 12 S.E. 18); Security Life c. Co. v. Smith, 220 Ga. 744 (3) ( 141 S.E.2d 405). Denial of the defendant's motion for summary judgment was proper.
Judgment affirmed. Deen and Clark, JJ., concur.