Steptoe v. Auto-Owners Insurance ( 1993 )

Blackburn, Judge,

concurring specially.

I reluctantly concur with the majority opinion’s conclusion that this case is controlled by Terry v. State Farm Mut. Auto. Ins. Co., 205 Ga. App. 224 (422 SE2d 212) (1992). Upon reflection on the effect of the repeal of the No-Fault Act on claims for statutory penalties, attorney fees, and punitive damages, I have reservations about the correctness of this court’s determinations in Terry and its progeny. See American Assn. of Cab Cos. v. Egeh, 205 Ga. App. 228 (9) (421 SE2d 741) (1992); Green v. State Farm Ins. Cos., 206 Ga. App. 478 (2) (426 SE2d 3) (1992); Khosravi v. Aetna Cas. &c. Co., 206 Ga. App. 481 (425 SE2d 905) (1992); and State Farm Mut. Auto. Ins. Co. v. Young, 207 Ga. App. 355 (427 SE2d 835) (1993). However, this court’s holding in Terry having become so well-established, I am constrained to follow it notwithstanding my reservations.

Decided October 21, 1993 Reconsideration denied November 3, 1993 Dodd & Kinsey, Jack E. Dodd, James B. Kinsey, for appellants. Bonnie C. Oliver, for appellee.