Great West Casualty Co. v. Bloomfield
313 Ga. App. 180
| Ga. Ct. App. | 2011Background
- Bloomfield sued two truck drivers, their employers, and insurers for wrongful death from a multi-car accident.
- Great West made a § 9-11-68 settlement offer of $25,000; Bloomfield rejected it in writing.
- The case proceeded to trial; a verdict found no liability for Great West, with damages against co-defendants.
- The trial court denied Great West’s motion for attorney fees under OCGA § 9-11-68 and later reduced punitive damages to the statutory cap.
- On remand in earlier proceedings, the court had found the initial offer not made in good faith; the appellate court reviewed under abuse-of-discretion standard.
- The majority affirmed the trial court’s decision denying fees; a dissent argued the court abused its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a defense verdict alone prove good faith of an offer? | Bloomfield | Great West | Not conclusive; trial court may still find not good faith |
| Was the $25,000 offer made in good faith given case facts and timing? | Bloomfield | Great West | Trial court did not abuse discretion; no good faith |
| Did trial court properly consider factors like payment of the fine, witness interview, and discovery in assessing good faith? | Bloomfield | Great West | Yes, within discretion; no abuse |
Key Cases Cited
- Smith v. Baptiste, 287 Ga. 23 (Ga. 2010) (context for fee-shifting and good faith relevance)
- Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683 (Ga. 2003) (reasonableness of insurer’s settlement offers)
- Cooper Tire &c. Co. v. Crosby, 273 Ga. 454 (Ga. 2001) (trial courts' evidentiary discretion in settlement contexts)
- Jennings Enterprises v. Carte, 224 Ga. App. 538 (Ga. Ct. App. 1997) (appellate deference to trial court determinations)
- Great West Cas. Co. v. Bloomfield, 303 Ga. App. 26 (Ga. Ct. App. 2010) (background remand on good faith finding under OCGA § 9-11-68(d)(2))