Supreme Court of Georgia Raises the Bar for Bad Faith Claimants

In a long-anticipated ruling, the Supreme Court of Georgia clarified the state’s law on the prerequisites for an insured to sue its insurance carrier for bad faith failure to settle. The court asked the parties to address a specific question: does an insurer’s duty to settle arise only when an injured party presents a valid offer to settle within the insured’s policy limits or, even absent such an offer, does a duty arise when the insurer knows or reasonably should
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