Federated Insurance Group v. Pitts

5 Citing cases

  1. Pacific Employers Ins. Co. v. Peck

    200 S.E.2d 151 (Ga. Ct. App. 1973)   Cited 10 times

    Once that fact is determined by the board, it is conclusive as to that issue (as it is to any other issue in the case) if there is any evidence to sustain it and such cannot be reviewed in the appellate court. Ocean Accident c. Corp. v. Farr, 180 Ga. 266, 270 ( 178 S.E. 728); Maryland Cas. Co. v. Sanders, 182 Ga. 594 ( 186 S.E. 693); Maryland Cas. Co. v. England, 160 Ga. 810, 812 ( 129 S.E. 75); Georgia Cas. Co. v. Martin, 157 Ga. 909, 915 ( 122 S.E. 881). The following are examples of cases where attorney fees were assessed against employer/insurer: Federated Ins. Group v. Pitts, 118 Ga. App. 356 ( 163 S.E.2d 841); U.S. Cas. Co. v. White, 108 Ga. App. 539 ( 133 S.E.2d 439); s. c., 111 Ga. App. 267 ( 141 S.E.2d 321); Baggett Transportation Co. v. Barnes, 113 Ga. App. 58 ( 147 S.E.2d 372). Employer/insurer did not show any evidence which indicates that this claim was anything but a compensable claim.

  2. Hatchett v. Hatchett

    239 S.E.2d 512 (Ga. 1977)   Cited 8 times

    The first requirement of that statute is that the judgment appealed is for a sum certain, and it is in this case ($4,100). The key question is whether we conclude that the appeal was taken for delay only. Pinkerton Laws Co. v. Robert Co. Assoc., 129 Ga. App. 881 ( 201 S.E.2d 654) (1973); Federated Ins. Group v. Pitts, 118 Ga. App. 356 ( 163 S.E.2d 841) (1968). The Hodges case clearly settled the only issue argued by appellants in this case.

  3. McGaha v. Kwon

    288 S.E.2d 289 (Ga. Ct. App. 1982)   Cited 6 times

    We find no merit in this complaint. 3. There is considerable doubt as to whether or not the appeal here was in any way taken for purposes of delay, and we find no merit in the enumerations of error. Nevertheless, we refuse to grant the motion for damages brought by the plaintiff under Code § 6-1801 and Federated Ins. Group v. Pitts, 118 Ga. App. 356, 358 (2) ( 163 S.E.2d 841); Refrigerated Transport Co., Inc. v. Kennelly, 144 Ga. App. 713 ( 242 S.E.2d 352); General Accident Fire Life Ins. Corp., Ltd. v. Kelch, 158 Ga. App. 555, 556 (3) ( 281 S.E.2d 258). The motion to assess damages is denied. See Brown v. Rooks, 139 Ga. App. 770 (1) ( 229 S.E.2d 548); First Am. Acceptance Corp. v. Wheat, 217 Ga. 1, 3 (2) ( 120 S.E.2d 330).

  4. Refrigerated c. Co. v. Kennelly

    242 S.E.2d 352 (Ga. Ct. App. 1978)   Cited 6 times

    Accordingly, we award ten per cent. damages upon the judgment. Code § 6-1801; Federated Ins. Group v. Pitts, 118 Ga. App. 356 (2) ( 163 S.E.2d 841) (1968). Since the judgment affirmed an award requiring continuing payments, the damages awarded here are to be computed against only so much of the award which is for a sum certain, that is, ten per cent. of whatever compensation is definitely ascertainable at the date of this judgment.

  5. McCoy v. J. D. Jewell, Inc.

    179 S.E.2d 654 (Ga. Ct. App. 1971)   Cited 5 times

    In my opinion this is an aggravated case of moving against a claimant "without reasonable ground" and in bad faith, and consequently reasonable attorney's fees and costs should have been assessed against the employer by the Board of Workmen's Compensation. I would reverse the judgment of the superior court and order the judgment of the Board of Workmen's Compensation reversed, and that the case be remanded to that board with instructions to hold a hearing to determine and assess reasonable attorney's fees and costs. Code § 114-712, as amended (Ga. L. 1937, pp. 230, 233, 528, 535; 1943, pp. 167, 169); U.S. Cas. Co. v. White, 111 Ga. App. 267 ( 141 S.E.2d 321); Magnus Metal c. Co. v. Stephens, 115 Ga. App. 432 (2) ( 154 S.E.2d 869); Zurich Ins. Co. v. McDuffie, 117 Ga. App. 90 (2) ( 159 S.E.2d 423); Federated Ins. Group v. Pitts, 118 Ga. App. 356 ( 163 S.E.2d 841). I dissent from the majority opinion and the corresponding judgment of affirmance.