Michael and Jacquelyn Cross filed suit against Tokio Marine and Fire Insurance Co., Ltd., Tokio Marine Management, Inc., and Tokio’s former attorneys collectively Tokio, alleging they had misrepresented by several million dollars the limits of coverage of Tokio’s insured in a suit for damages filed by the Crosses against the insured after an automobile collision. The trial court granted summary judgment in favor of Tokio and denied the Crosses’ motion for partial summary judgment, and the Crosses appeal. They contend that the trial court erred in concluding that no cause of action existed under Georgia law for their claims and that no material issue of fact remained as to whether they suffered harm as a result of Tokio’s failure to disclose the policy limits accurately. They also challenge the trial court’s denial of their motion for partial summary judgment on the issue of liability, which they claim was admitted. We conclude that the trial court properly denied the Crosses’ motion for partial summary judgment because Tokio’s failure to respond to a settlement offer was not an admission of liability. We also find that the trial court properly granted summary judgment to Tokio because, although Tokio did indeed misrepresent the limits of coverage, the Crosses suffered no cognizable harm. We therefore affirm the judgment below.
The record shows that in June 1997, Tokio’s insured, Patricia Williams, and Michael Cross were involved in a vehicular accident and Cross was injured. The Crosses’ attorney sent a letter to Tokio in October 1997, citing OCGA § 33-3-28 a 1, 2, and requesting the name of each insurer and the limits of coverage. Kathy Adams, a claims examiner for Tokio, responded to the letter, enclosing a copy of the declarations page of a contract of insurance issued to American Honda. That page disclosed a liability coverage limit of $1,000,000. In July 1998, the Crosses’ attorney made a demand upon Tokio to settle the Crosses’ claims for $750,000 based upon “the specials, nature of injuries and past, present and future pain and suffering.” At that time, Cross had sustained medical damages of more than $88,000 and lost wages of more than $15,000.
