The trial judge has indicated she will also award the plaintiff as-yet-undetermined attorney fees because Nationwide turned down a 2011 offer to settle the case for $4.5 million. (Photo: Bigstock)

The Eleventh Circuit Court of Appeals has affirmed a more than $8.2 million judgment against Nationwide Insurance in a contentious and closely-watched traffic fatality case.

Defense attorneys had characterized the case as a prime example of “set-up” cases in which lawyers use time-limited demands to gin up bad faith claims against insurers. But the appeals court rejected that claim and left Nationwide on the hook for a jury award of more than $5.8 million plus interest that — as of last August — totaled more than $2.4 million.

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