In some cases, insurers will pressure you to settle your claim as quickly as possible. Unfortunately, these quick cash settlements are lowball offers for far less than what your claim is worth – the primary purpose is to limit the amount of money the insurance company will have to pay…
We typically represent people who have been injured as a result of someone else’s negligence. However, we also represent people who may be responsible for those accidents in certain situations (and assuming that we don’t already represent the plaintiff). One of those situations is when your insurance company is refusing…
A recent decision from the Georgia Supreme Court has clarified when an insurance company may be held liable for engaging in a bad faith denial of claims. The case arose from a multiple-vehicle accident that injured five people. Two of the victims, Julie An and her minor daughter Jina Hong,…
If you get injured in an accident, there are multiple issues to consider. First, you need to figure out who is at fault. Then you need to determine how much compensation you are entitled to receive. Finally, you need to navigate the process for actually getting your claim paid. In…
You’ve probably heard of punitive damages before, most likely through a high-profile verdict against a defendant who is seen by the public as having deep pockets. Punitive damages are controversial because the purpose of a civil action is to compensate the plaintiff, not to punish the defendant. Punishment of defendants…
Attorneys Rich Dolder and Jay Sadd literally wrote the book on insurance bad faith claims in Georgia. This post is to highlight the presentation entitled, “Anatomy of An Insurance Bad Faith Trial” that was given by Rich Dolder at the Punitive Damages iCLE Seminar held at the State Bar Of…
An insurance agent’s bad faith may be imputed to the insurance company and thus become the company’s bad faith. However, under Georgia law, the potential liability of an insurance broker or agent (separate from the potential liability of the insurer itself) is limited to the terms of the insurance policy…
The Time-Limited Holt Demand The most common failure to settle within policy limits involves the insurer’s rejection of a time-limited offer. A notable 1992 decision provides the moniker for the so-called “Holt demand,” in which an attorney for a claimant sends a letter to the insurer demanding a settlement at…
The Reasonable Expectations Doctrine In Insurance Bad Faith The plain meaning of an insurance policy is informed by the reasonable expectations of the insured. “A contract of insurance should be strictly construed against the insurer and read in favor of coverage in accordance with the reasonable expectations of the insured.”…
Insurance Bad Faith And Common Law In addition to the cause of action for bad-faith failure to pay that is grounded in statute, Georgia recognizes a cause of action for insurance bad faith that is grounded in the common law. As explained below, common-law bad faith is associated with a…