Nathan Deal Judicial Center in Atlanta. (Photo: Mike Glatzer for ALM) Appeals Court Sides With Plaintiffs in 'Gotcha Tactic' Settlement Dispute
"If the insurance companies are interested in seeing confusing language, they need look no further than their own insurance contracts," said plaintiff-appellee attorney Ben Brodhead.
May 24, 2024 at 02:30 PM
5 minute read
What You Need to Know
- The defendant in a wrongful death auto tort appealed their case, arguing that the plaintiffs set them up to fail to accept a settlement offer with an overly complicated demand.
- Meanwhile, the plaintiffs argued the defense is using 'gotcha tactics' to force them into an agreement they rejected the terms to.
- Now the Court of Appeals has determined that because the defense did not agree to the terms of the settlement agreement, a contract was never formed.
The Georgia Court of Appeals has upheld a settlement offer rejection in an appeal that the defendant-appellants argued was hard to follow with the intent to trap them in a bad-faith failure to settle claim.
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