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Amica Mut. Ins. Co. v. Sanders

Insurer defendants who use the so-called 17 c formula cannot be found to have acted in bad faith as to their insured's claims merely by virtue of using the formula to assess diminished value claims.

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We granted the application of Amica Mutual Insurance Company Amica to determine whether a trial court erred in denying Amica partial summary judgment as to Ullaine and Stephanie Sanders plaintiffs’ bad-faith claim arising from Amica’s offer of $716.25 to settle the diminished value of their car after it was hit by Amica’s insured. Amica argues that its adjuster’s application of a formula established in the wake of the Georgia Supreme Court’s decision in State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498 556 SE2d 114 2001, cannot, in the absence of any other evidence of bad faith, justify such a claim. We agree and therefore reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We apply a de novo standard of review and view the evidence in the light most favorable to the non-movant. Citations and punctuation omitted. Lawyers Title Ins. Corp. v. Griffin, 302 Ga. App. 726, 727 691 SE2d 633 2010.

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