News & Analysis as of

Bad Faith GA Supreme Court

Cozen O'Connor

Lack of Notice No Excuse for Failure to Settle

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An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No....more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Robins Kaplan LLP

“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle

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NEW GUIDANCE FROM THE GEORGIA SUPREME COURT RE: AN INSURER’S DUTY TO SETTLE - The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n...more

Cozen O'Connor

Georgia Supreme Court Spares Insurance Company from a $5.3 Million Bad-Faith Verdict

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Last week, the Georgia Supreme Court confirmed that an insurance carrier’s duty to settle a claim against its policyholder arises only after an injured claimant presents a “valid offer” to settle within policy limits. In...more

Alston & Bird

A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

Alston & Bird on

A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential...more

Cozen O'Connor

Georgia: No Bad Faith Trap Where a Policy Limits Demand Lacked a Response Deadline

Cozen O'Connor on

On March 11, 2019, the Georgia Supreme Court provided a victory for insurers when it found that an insurer did not act in bad faith by failing to accept a policy limits demand that lacked a deadline to respond and was...more

Carlton Fields

No Offer, No Rejection, No Bad Faith: Georgia Supreme Court Limits Liability for an Insurer’s Bad Faith Refusal to Settle

Carlton Fields on

On March 11, 2019, the Georgia Supreme Court handed down an important decision in First Acceptance Insurance Company of Georgia Inc. v. Hughes, which further clarifies the circumstances under Georgia law for when an insurer...more

Saul Ewing LLP

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

Saul Ewing LLP on

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

Cozen O'Connor

Don’t Get Burned by a “Holt Demand” in Georgia

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Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme...more

Carlton Fields

Georgia Supreme Court: Insurer did not “unreasonably” withhold consent to settle

Carlton Fields on

In Piedmont Office Realty Trust v. XL Specialty Insurance Co., No. S15Q0418 (Ga. Apr. 20, 2015), the Georgia Supreme Court reiterated that, in the face of a policy provision prohibiting the insured from unilaterally settling...more

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