concurring specially.
Although I concur fully with the conclusion and, analysis in Division 2 and concur that the trial court did not err in granting summary judgment to Tokio Marine, I write separately because I cannot agree with all of the analysis and reasoning contained in Division 1 of the majority opinion. Tokio Marine is entitled to summary judgment because the Crosses cannot show they suffered any damage as a result of Tokio Marine’s misrepresentation of the amount of the insurance coverage available to Tokio Marine’s insureds. The Crosses’ pre-trial demand was less than even the erroneously low amount of coverage they knew about, and the case was tried to a jury who awarded $1,204,000 without regard to the amount of coverage available.
I do not agree, however, with the majority’s conclusion that the doctrines of res judicata and collateral estoppel apply here. This action is not a claim for damages against the tortfeasor, which has already been tried, but a claim against the insurance company for violating the directives of OCGA § 33-3-28, which provides that an insurer which may be liable to pay a claim shall provide a statement showing the amount of its insured’s coverage. Therefore, the fact that the judgment was satisfied in the underlying claim should not foreclose this independent action against an insurance company for its failure to comply with the law of this State.
These are not claims against the opposing party, counsel for that party, or opposing witnesses. See Shepherd v. Epps, 179 Ga. App. 685, 686 (347 SE2d 289) (1986). Nor do the Crosses seek additional recovery from the former opposing party because of the same cause of action. Instead, they are suing the former opposing party’s insurer for its own actions. See Zepp v. Toporek, 211 Ga. App. 169, 172 (438 SE2d 636) (1993). Therefore, while a previous settlement or verdict may be relevant to the issue of damages, as it is here, it should not in itself prevent the claimants from bringing an action against the insurance company for failing to provide such basic information pursuant to the statute’s directive. For these reasons, I concur specially in the majority opinion.
*745Hall, Booth, Smith & Slover, Rush S. Smith, Jr., Jennifer L. McKernan, Paul R. Koster, Thomas A. Graham, Morris, Manning & Martin, Lewis E. Hassett, Jessica F Pardi, for appellees.