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  5. 677 S.E.2d 334 (2009)
 

FOUNTAIN v. UNUM LIFE INS. CO. OF AMERICA

No. A08A2083.

677 S.E.2d 334 (2009)

FOUNTAIN v. UNUM LIFE INSURANCE COMPANY OF AMERICA et al.

Court of Appeals of Georgia.

Reconsideration Denied April 10, 2009.

Attorney(s) appearing for the Case

Morriss, Lober & Dobson, William G. Dobson, Macon, Charles M. Cork III, for appellant.

Thurbert E. Baker, Attorney General, Grace E. Lewis, Assistant Attorney General, Thompson, Slagle & Hannan, Michael J. Hannan III, Duluth, for appellees.

ADAMS, Judge.

At issue is whether Walter Fountain was totally disabled for purposes of an accidental death and dismemberment policy issued by Unum Life Insurance Company of America. Fountain sued Unum Life and Unum Provident Corporation (collectively, "Unum") claiming that Unum breached the insurance contract when it refused to pay him disability benefits and that it was liable to pay bad faith penalties under OCGA § 33-4-6. The trial court granted summary judgment...

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