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The majority opinion by Judge Brian Rickman said the law allowed a plaintiff to require all communications in writing — not an exchange of voice mails. The decision raises the possibility of a bad faith failure to settle claim. But a special concurrence by Chief Judge Christopher McFadden said the lengthy demands reflected an “offer made in bad faith.” (Credit: DCStockPhotography/Shutterstock) The majority opinion by Judge Brian Rickman said the law allowed a plaintiff to require all communications in writing — not an exchange of voice mails. The decision raises the possibility of a bad faith failure to settle claim. But a special concurrence by Chief Judge Christopher McFadden said the lengthy demands reflected an “offer made in bad faith.” (Credit: DCStockPhotography/Shutterstock)

An insurer was found to have failed to meet the requirements of a time-limited settlement demand, raising the possibility of a bad-faith failure-to-settle claim, according to the Georgia Court of Appeals.

However, the ruling was handed with Chief Judge Christopher McFadden making clear his displeasure with the “onerous requirements” and “warnings and threats” contained in the demand letter.

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Greg Land

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

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