What Constitutes Bad Faith as to Injury Claim Demands under §13-6-11?

The Georgia Court of Appeals recently reversed the grant of summary judgment to a defendant on the issue of bad faith attorney’s fees. Nash v. Reed, A18A1707, 2019 WL 1123530 (Ga. Ct. App. Mar. 12, 2019). In so doing, the court determined that “[b]ad faith under OCGA § 13-6-11 must have arisen out of how the defendant acted in dealing with the plaintiff.” In Nash, the plaintiff was struck by the defendant’s automobile while jogging. The defendant saw the plaintiff, knew the plaintiff was wearing headphones, and likely did not see the defendant. The defendant decided to continue past the plaintiff despite having to cross the double yellow line into oncoming traffic and decided not to honk

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