Federal Judges Ask Georgia Supreme Court to Resolve Questions Regarding “Bad Faith” Insurance Laws

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When an auto insurer unreasonably refuses to settle a personal injury claim against one of its policyholders, the policyholder can turn around and sue the insurance company for acting in “bad faith.” If successful, a bad-faith lawsuit can mean the insurer is liable for the full amount of any judgment that the accident victim obtained against the policyholder.

Whiteide v. Geico Indemnity Company

A federal appeals court recently asked the Georgia Supreme Court to resolve a number of legal questions arising from a successful bad-faith coverage lawsuit. The case was tried before a jury in federal court following Georgia state law. In situations like this, a federal court may opt to “certify” unresolved legal questions to the state’s supreme court before proceeding further.

The defendant in this case is GEICO. GEICO insured a vehicle that was driven by a woman who hit a cyclist. GEICO initially notified the insured driver that it had accepted liability for the accident would be “handling this injury directly” with the cyclist’s personal injury lawyer.

The cyclist’s lawyer sent GEICO a standard demand letter seeking the full limits of the insure driver’s policy, which was $30,000. GEICO opted to make a counter-offer instead of just $12,000. The cyclist’s attorney never replied. Instead, six days after receiving the counter-offer, the cyclist filed a personal injury lawsuit against the insured driver.

Nobody ever notified GEICO about this lawsuit. The insured driver threw her copy of the lawsuit away and said, “To hell with this s**t.” Apparently, the driver continued to believe that GEICO was simply handling the situation.

When the driver never responded to the lawsuit, a Georgia Superior Court judge entered a $2.9 million default judgment for the cyclist. The cyclist then filed an involuntary bankruptcy petition against the insured driver. The court-appointed bankruptcy trustee then hired the cyclist’s personal injury lawyer to file a bad-faith lawsuit against GEICO.

GEICO insisted it was not liable for the default judgment as it never received any notice of the original personal injury lawsuit. Nor could it be proven that GEICO’s actions were the “proximate cause” of the $2.9 million default judgment. Additionally, it argued that it would violate the Georgia Constitution to use the default judgment “as the measure of damages,” given the insurer never had the opportunity to contest the original personal injury claim.

A federal district judge rejected all of GEICO’s arguments and proceeded to hold a jury trial. The jury determined that GEICO was 70 percent responsible for the default judgment. With interest, this meant GEICO owed the cyclist approximately $2.7 million.

GEICO appealed the verdict to the U.S. 11th Circuit Court of Appeals. Rather that dispose of the appeal immediately, the 11th Circuit certified three questions of law to the Georgia Supreme Court:

  • Given that Georgia law absolves insurers from having to pay any personal injury judgment when it is not notified of the original lawsuit, is GEICO also excused from a bad-faith judgment against the insured driver?
  • Assuming the bad-faith claim is not prohibited, can GEICO be sued for refusing to settle even though the insured driver later lost her coverage for failing to comply with the terms of her policy? And
  • Does the Georgia Constitution give GEICO the right to contest the measure of the cyclist’s damages, given the insurer was not able to contest the original default judgment?

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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