Insurance
Cave, Maren R., Phillips, Jessica & Strickland, Rebecca
Abstract
During this Survey period, the most important development was the Georgia General Assembly’s enactment of critical changes to the statute related to pre-suit demands in automobile cases. These changes to O.C.G.A. § 9-11-67.1 may very well mark the ultimate end of litigation in Georgia’s appellate courts related to what constitutes a binding settlement in automobile cases involving time limited demands. The Survey period also saw a number of decisions in the “first party” area where Georgia courts strictly upheld the insurance contract provisions related to suit limitations and reformation of those policies, and another decision related to “recoupment” of defense costs.