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Security Life Ins. Co. v. St. Paul Fire and Marine Ins. Co.

An Unliquidated Damages Interest Act, O.C.G.A. § 51-12-14 UDIA, determination should not be made on an award of compensatory damages augmented by a variety of other awards.

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In Divisions 1, 2, and 4 of Security Life Ins. Co. v. St. Paul Fire & Marine Ins. Co. , 263 Ga. App. 525 588 SE2d 319 2003, we held that a determination of whether pre-judgment interest is to be assessed under the Unliquidated Damages Interest Act, OCGA § 51-12-14, is based on the verdict without set-off of payments by co-defendants; that the award of pre-trial attorney fees for discovery abuse, inclusive of pre-and post-judgment interest, is resurrected after the vacation of the jury award of attorney fees into which it was subsumed; and that Security Life Insurance Company’s liability to St. Paul Fire & Marine Insurance Company is fixed by St. Paul Fire & Marine Insurance Company’s payment of the judgment, respectively. In Security Life Ins. Co. v. St. Paul Fire & Marine Ins. Co. , 278 Ga. 800 606 SE2d 855 2004, the Supreme Court reversed the foregoing holdings in Divisions 1, 2, and 4. Accordingly, our decision is vacated as to Divisions 1, 2, and 4, Security Life Ins. Co. v. St. Paul Fire & Marine Ins. Co. , 263 Ga. App. at 525-528 1, 528-529 2, 529-530 4, and the judgment of the Supreme Court is made the judgment of this Court with respect to such divisions.

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