“GDLA Argues 11th Circuit Should Seek Ga. Supreme Court’s Guidance in $8-Million Bad Faith Case,” Law360


In an article published on May 9, 2017, in Law360, Swift Currie partner David Atkinson and associate Jonathan Kandel were mentioned for the argument they made in a proposed amicus brief that was filed on behalf of the Georgia Defense Lawyers Association before the Eleventh Circuit Court of Appeals. Atkinson and Kandel, in conjunction with GDLA attorneys Peter Muller and Garrett Meader, argued that in an unfavorable $8-million trial award against Nationwide Mutual Insurance Company the court should seek guidance from the Georgia Supreme Court as to whether insurance carriers may be held liable for negligent, as opposed to bad faith, failure to settle a claim against a policyholder. The article reads, “According to GDLA, however, the Georgia Supreme Court has never explicitly recognized a claim for ‘negligent failure to settle’ or defined the requirements for any such claim.” Subscribers to Law360 can read the full article here.


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