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Villa Sonoma At Perimeter Summit Condominium Association, Inc. A/K/A Villa Sonoma Condominium Associv.Commercial Industrial Building Owners Alliance, Inc., D/B/A Ciba Insurance Services Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A1760
DecidedMarch 7, 2019
Reporter344 Ga. App. 53
JudgesCourt of Appeals of Georgia
Tags
CivilInsurance LawInsurance CoverageInsurance Bad FaithFraudCivil ProcedureRemandReversal
Case Summary

A condominium association sued insurers and related entities after fire and water damage to its complex. Villa Sonoma alleged that the structure of its commercial insurance program caused delay in paying its claim and had been misrepresented when the coverage was obtained. The trial court dismissed eight direct and derivative counts for failure to state a claim. The Court of Appeals affirmed dismissal of the statutory insurance-bad-faith counts because the complaint did not show that Villa Sonoma made the demand for payment required by Georgia law. But the court held that dismissal was premature for the fraud and negligent-misrepresentation counts. Those allegations were not pleaded with sufficient particularity, yet the proper remedy was a more definite statement, not dismissal, because the association might be able to prove a claim. The court therefore affirmed in part, reversed in part, and remanded with direction to treat the relevant dismissal motions as motions for a more definite statement and require Villa Sonoma to identify the statements or omissions, who made them, and how the association relied on them.

Opinion

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The Far Side
Villa Sonoma At Perimeter Summit Condominium Association, Inc. A/K/A Villa Sonoma Condominium Associ V. Commercial Industrial Building Owners Alliance, Inc., D/B/A Ciba Insurance Services Et Al. — The Atlanta Gleaner