A Georgia Court of Appeals decision in a bad faith case last week offers insight into what happens when an insurance company declines a policy limits settlement in a case that goes on to a big verdict — in this instance $5 million.

Bottom line: It's complicated, and it's going to a jury.

Judge Christopher McFadden ruled that DeKalb County State Court Judge Michael Jacobs was wrong to toss out a bad faith lawsuit against First Acceptance Insurance Company of Georgia. "There are genuine issues of material fact as to the failure-to-settle claim," McFadden said, writing for a panel that included Judges Elizabeth Branch and Charlie Bethel.

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Katheryn Hayes Tucker

Katheryn Hayes Tucker is an Atlanta-based reporter covering legal news for the Daily Report and other ALM publications.