This is the third appearance of this case which involves a dispute stemming from the terms of a written commercial lease executed in August 1997 under which Al-Madinah Petroleum, Inc. leased a gas station/convenience store to Mahsa, Inc. for 20 years. Although the lease obligated Mahsa to insure the property against a casualty loss, it also authorized Al-Madinah to obtain insurance if Mahsa failed to do so. It is undisputed that Mahsa did not obtain casualty insurance. In February 1998, Mahsa and its chief executive officer, Esmaeil Hassanzaheh, for reasons not relevant here, filed suit against Al-Madinah and its president, Aziz Ali Dhanani. Shortly after suit was filed, a tornado virtually destroyed the leased premises in April 1998. In Al-Madinah Petroleum, Inc. v. Mahsa, Inc. , 242 Ga. App. 570 529 SE2d 662 2000, we reversed summary judgment finding a genuine issue of material fact remained for resolution as to the existence of casualty insurance. Meanwhile, in a separate proceeding in federal district court, the federal court determined that at the time of the tornado in April 1998, the subject property had been deleted from Al-Madinah’s insurance policy.1 See Mahsa, Inc. v. Al-Madinah Petroleum, Inc. , 250 Ga. App. 691, 692 552 SE2d 876 2001 discussing the federal decision. In other words, the casualty loss was an uninsured loss. Relying upon the federal court’s determination and its own finding that there was no evidence to support Mahsa’s defenses of waiver and estoppel, the trial court proceeded to award summary judgment to Al-Madinah on its counterclaim. See Id. This Court again reversed summary judgment upon determining that jury issues remained for resolution as to whether Mahsa’s failure to procure casualty insurance as the lease required was attributable to representations by Dhanani that Al-Madinah was providing its own coverage or whether that failure was attributable to Al-Madinah’s failure to enforce the requirement in the lease that Mahsa obtain such coverage. Id. at 692.2
Mahsa now challenges the verdict and judgment from the ensuing jury trial. On appeal from a jury verdict, we construe the evidence to support the jury verdict and judgment. Neal v. CSX Transp. , 213 Ga. App. 707, 709 2 445 SE2d 766 1994. So considered, the evidence consisted primarily of the lease, letters exchanged between counsel, and the testimony of Hassanzaheh and Dhanani.
