“Insurer OK to Snub Wrongful Death Deal, 11th Circ. Affirms,” Law360


In an article published in Law360 on May 4, 2017, Swift Currie attorneys David M. Atkinson and Jonathan J. Kandel were mentioned for successfully arguing that the Eleventh Circuit Court of Appeals should uphold a district court decision, which affirmed that Mendakota Insurance Co. did not act in bad faith by failing to accept an offer to settle a wrongful death claim. When the insurer did not respond to a time-sensitive demand, the plaintiffs filed suit. However, the district court found that the insurance company did not act in bad faith because the proposed agreement did not resolve a potential estate claim. The article quoted the three-judge panel’s decision as saying, “Under Georgia law, an insurer cannot be held liable for failure to respond to a time-sensitive demand for policy limits if the offer won’t fully resolve all possible claims against the policyholder.”

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