Henderson v. Georgia Farm Bureau Mut. Ins. Co.

The trial court erred in granting the defendant-insurer's motion for j.n.o.v. following a jury verdict in favor of the plaintiffs in their action seeking benefits under a homeowners' insurance policy for water damage to their home.

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Jennifer and Lee Henderson filed this action in the Superior Court of Lincoln County against Georgia Farm Bureau Mutual Insurance Company, seeking benefits under their home owners’ insurance policy for water damage to their home and for their loss of use, statutory penalties for Georgia Farm Bureau’s alleged bad faith in refusing to pay benefits, and attorney fees. A jury found in favor of the Hendersons and awarded them $27,799 for damage to the structure not already paid by Georgia Farm, $8,400 for their loss of the use of the property, $6,000 in penalty for Georgia Farm Bureau’s bad faith in refusing to pay a covered loss, and $35,000 in attorney fees. Georgia Farm Bureau filed a motion for judgment notwithstanding the verdict, arguing, inter alia, that there was no evidence that the Hendersons’ home sustained any water damage that was separate and distinct from mold damage, for which Georgia Farm Bureau paid benefits under a special rider. After a hearing, the trial court granted Georgia Farm Bureau’s motion for judgment notwithstanding the verdict “in its entirety,” The Hendersons appeal, and, for the reasons explained below, we reverse.

A motion pursuant to OCGA § 9-11-50 b for judgment notwithstanding the verdict may be granted only when, without weighing the credibility of the evidence, there can be but one reasonable conclusion as to the proper judgment. Where there is conflicting evidence, or there is insufficient evidence to make a “one-way” verdict proper, judgment notwithstanding the verdict should not be awarded.

Henderson v. Georgia Farm Bureau Mut. Ins. Co.

The trial court erred in granting the defendant-insurer's motion for j.n.o.v. following a jury verdict in favor of the plaintiffs in their action seeking benefits under a homeowners' insurance policy for water damage to their home.

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