Insurers Are Not Liable For Bad Faith Unless The Injured Party Makes A Valid Demand

In First Acceptance Ins. Co. of GA, Inc. v. Hughes, 305 Ga. 489, 492 (2019), the Georgia Supreme Court made clear that “an insurer’s duty to settle arises when the injured party presents a valid offer to settle within the insured’s policy limits.” In so finding, the Georgia Supreme Court noted an Eleventh Circuit opinion ruling: [I]f an offer within the policy limits is not a prerequisite to a tortious failure to settle suit, each insured will attempt to prove an essential element of his case -- that the insurer could have settled the case within the policy limits -- by introducing the after-the-fact testimony of the injured party… Id. at 493 (quoting Delancy v. St. Paul Fire & Marine Ins.

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