Penalties for "Bad Faith" are not authorized under the Georgia "Bad Faith" Penalties Statute in cases where the Insurance Company in question has "'any'" reasonable ground to contest a claim and the case presents disputed questions of fact.
It has been held that, under this rule of law, "a reasonable basis" to contest a claim includes a legitimate contention that the claim is not a "covered loss". Lawyers Title Ins. Corp. v. Griffin, 2010 WL 774990 *4 (Ga. Ct. App. Case No. A09A1874 March 9, 2010)(Westlaw subscription required to access Westlaw): "Given that Lawyers' non-payment was based on its contention that Griffin did not have a covered loss under the Policy, Lawyers had a reasonable basis to refuse Griffin's demand."
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