A divided Georgia Supreme Court on March 6 ruled that plaintiffs reaching a settlement agreement with an insurer over a motor vehicle accident can require the performance of a specific action — in this case, the time-limited payment of the demand.

The ruling, in which two justices dissented, expands the array of conditions plaintiffs' attorneys may impose upon insurers, who may face bad-faith claims if they don't agree to settle within the statutory requirements of the law.

The majority opinion, written by Justice Nels Peterson, said an insurance company that otherwise met all of the settlement demands but failed to deliver the insured's policy limits due to an alleged address mistake had in fact failed to accept the offer.

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Greg Land

Greg Land covers topics including verdicts and settlements and insurance-related litigation for the Daily Report in Atlanta.