failure to settle claim (Georgia) · Go Syfert
← Georgia issues

failure to settle claim in Georgia

5 Georgia opinions name it 2 courts 2017–2021 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Johnson v. Johnsongreen
gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Johnson v. Johnson , 323 Ga.App. 836 , 842, 747 S.E.2d 518 (2013).

2017See Johnson v. Johnson , 323 Ga.App. 836 , 842, 747 S.E.2d 518 (2013).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Hughes v. First Acceptance Insurance Company of Georgia, Inc. green
gactapp · 2017
2 sentences

2019Co. of Ga., Inc. , 343 Ga. App. 693 , 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured's failure-to-settle claim.

2019Co. of Ga., Inc. , 343 Ga. App. 693 , 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured's failure-to-settle claim.

32019–2019
Jankowski v. Taylor, Bishop & Lee green
ga · 1980
2 sentences

2021None of these cases, however, stand for the proposition that an insured’s failure-to-settle claim is extinguished 21See Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804 ( 273 SE2d 16 ) (1980) (“The true test to determine when a cause of action accrued is to ascertain the time when the plaintiff could first have maintained his action to a successful result.” (citation omitted)). 30 as a matter of law when an insured loses coverage after the duty to settle is breached but before the excess judgment is entered.22 And we have found no case law in support of that proposition. 23 Therefore, we conclud

2021None of these cases, however, stand for the proposition that an insured’s failure-to-settle claim is extinguished 21See Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804 ( 273 SE2d 16 ) (1980) (“The true test to determine when a cause of action accrued is to ascertain the time when the plaintiff could first have maintained his action to a successful result.” (citation omitted)). 30 as a matter of law when an insured loses coverage after the duty to settle is breached but before the excess judgment is entered.22 And we have found no case law in support of that proposition. 23 Therefore, we conclud

12021–2021
Miller v. Georgia Interlocal Risk Management Agency green
gactapp · 1998
2 sentences

2017Agency , 232 Ga.App. 231 (1), 501 S.E.2d 589 (1998) (citation and punctuation omitted).

2017Agency , 232 Ga.App. 231 (1), 501 S.E.2d 589 (1998) (citation and punctuation omitted).

12017–2017
Southern General Insurance v. Holt green
ga · 1992
1 sentence

2017The argument is without merit. *700 In support of his argument, Hughes relies on Southern General , supra at 269 (1), 416 S.E.2d 274 in which the Supreme Court stated: We reject [the insurer's] argument that an insurance company has no duty to its insured to respond to a deadline to settle a claim within policy limits when the company has knowledge of clear liability and special damages exceeding the policy limits .

12017–2017

Where else courts name it

GA 5 (2017–2021) AL 2 (1989–2012) CA 2 (2008–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check