“Insurer Deal Negligence Not Up For Debate, 11th Circuit Told,” Law360


In an article published on June 7, 2017, Swift Currie partner David Atkinson and associate Jonathan Kandel were mentioned for the amicus brief they helped to co-write on behalf of the Georgia Defense Lawyers Association along with in-house counsel in Camacho v. Nationwide Insurance Co. Atkinson and Kandel, in conjunction with GDLA attorneys Peter Muller and Garrett Meader, argued in the amicus brief that in an unfavorable $8-million trial award against Nationwide 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. On June 5, counsel representing Jesus Camacho and his deceased wife’s estate argued that there is no need to check with the Georgia courts to see if state law supports claims for negligent failure to settle. For more information on the case, subscribers to Law360 can click here.


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