Camacho v. Nationwide Mut. Ins. Co.
13 F. Supp. 3d 1343 (N.D. Ga. 2014) Cited 21 timesGranting summary judgment for insurer on negligence claim because "no independent duty to handle the claims with care exists in tort under Georgia law"
Delancy v. St. Paul Fire Marine Ins. Co.
947 F.2d 1536 (11th Cir. 1991) Cited 48 timesIn Delancy, we noted the possibility that an insurer could still owe a duty without receiving a settlement offer, if settlement within the policy limits was possible and the insurer knew or reasonably should have known of that fact.
Arrow Exterminators, Inc. v. Zurich American Ins.
136 F. Supp. 2d 1340 (N.D. Ga. 2001) Cited 31 times 3 Legal AnalysesHolding that demand letter did not satisfy notice requirement for bad faith claim where letter did not reference bad faith, Georgia's bad faith stature, or threaten litigation
McGowan v. Progressive Preferred Ins. Co.
281 Ga. 169 (Ga. 2006) Cited 22 times 2 Legal AnalysesIn McGowan v. Progressive Preferred Ins. Co., 637 S.E.2d 27 (Ga. 2006), the Georgia Supreme Court implicitly acknowledged that the insured there could maintain claims for fraud and civil RICO if it could establish damages flowing from the fraudulent scheme in addition to the amount owed under the policy.
Dumas v. ACCC Insurance
349 F. App'x 489 (11th Cir. 2009) Cited 8 timesHolding that under Georgia law, a non-diverse insurance adjuster had no independent duty to insured to settle claim against her, and thus adjuster's joinder in insured's assignees' suit against diverse insurer for bad faith failure to settle underlying suit did not defeat removal to federal court on basis of diversity of citizenship.
Armstead v. Allstate Prop. & Cas. Ins. Co.
1:14-cv-586-WSD (N.D. Ga. Dec. 3, 2014) Cited 3 times1:14-cv-586-WSD 12-03-2014 ELAINE ARMSTEAD, Plaintiff, v. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY and WEBB, ZSCHUNKE, NEARY & DIKEMAN, LLP, Defendants. WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE OPINION AND ORDER This matter is before the Court on Defendant Allstate Property & Casualty Insurance Company's ("Defendant" or "Allstate") Motion to Dismiss [4] and Plaintiff Elaine Armstead's ("Plaintiff or "Armstead") Motion to Remand [13]. Also before the Court is Allstate's Motion for
Tate v. Aetna Cas. Surety Co.
149 Ga. App. 123 (Ga. Ct. App. 1979) Cited 36 timesUpholding summary judgment on the grounds that insured's claims were not supported by an independent duty in tort when insured alleged that insurer was negligent in, among other grounds, “violating accepted standards in the industry; in violating its own ethical standards; in using an unlicensed and incompetent adjuster and personnel”
U.S. Fidelity c. Co. v. Evans
116 Ga. App. 93 (Ga. Ct. App. 1967) Cited 47 timesHolding that an insurance company acted in bad faith when it rejected a settlement offer within the policy limits after a verdict in excess of the policy limits and prior to appeal
Bedingfield v. Bedingfield
248 Ga. 147 (Ga. 1981) Cited 25 times37811. DECIDED SEPTEMBER 9, 1981. Contempt, etc. Forsyth Superior Court. Before Judge Neville. Robert Strickland, Jr., for appellant. Henry Angel, Nancy R. Foster, for appellee. MARSHALL, Justice. This discretionary appeal, granted by this court, must be dismissed for failure to comply with provisions of Code Ann. § 6-701.1(g) as to the filing of the notice of appeal. Appeal dismissed. Jordan, C. J., Hill, P. J., Clarke and Gregory, JJ., concur. Smith, J., not participating. DECIDED SEPTEMBER 9,
Leonard v. Firemen's Ins. Co.
100 Ga. App. 434 (Ga. Ct. App. 1959) Cited 41 timesStating that "As to liability insurance, the company owes to the insured a duty independent of the contract not to injure [the insured]"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,085 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."