Atlanta, Ga. (November 12, 2025)- Atlanta/Nashville Partner SethFriedmanrecently presented oral argument on behalf of State Farm before the Georgia Court of Appeals in a dispute over the enforceability of the insurer's settlement with a driver who was involved in a car crash with its insured - a case that implicates an important recurring issue of state insurance law.
The case stems from a March 2023 collision involving State Farm's insured and another driver named Weston Vincent. Pre-suit, State Farm tendered the $25,000 bodily injury limit of his auto policy to Vincent in exchange for a release. Vincent, however, rejected the tender and issued his own settlement demand for the policy limit that included not only the statutory material terms required by OCGA § 9-11-67.1, but many additional non-statutory conditions, including a requirement that State Farm agree that OCGA § 9-11-67.1 would not govern his offer.
In response, State Farm stated that Vincent's offer was governed by OCGA § 9-11-67.1, agreed to accept Vincent's offer to the extent it was consistent with the material terms outlined in OCGA § 9-11-67.1, and explicitly rejected any terms of the offer not contained in the statute. Vincent countered that State Farm's acceptance was a rejection. State Farm proceeded to file suit in Georgia state court, seeking specific performance of the settlement agreement or in the alternative, a declaration that Vincent's offer was invalid because it did not comply with OCGA § 9-11-67.1.
The trial court held that that the settlement was not enforceable because State Farm had not agreed to every single term contained in Vincent's offer.
State Farm appealed, and Mr.Friedmanargued on the insurer's behalf during a hearing on October 22. Video of the full oral argument is availablehere.
Notably, the American Property Casualty Insurance Association and National Association of Mutual Insurance Companies filed an amicus brief in support of State Farm's appeal. The two insurance trade associations pointed out in their brief that OCGA § 9-11-67.1 has provided a level of predictability for insurers in handling auto insurance claims and warned that a decision affirming the trial court could undermine the stability that the statute has created.
Mr.Friedmanserves as a national vice-chair of Lewis Brisbois' Insurance Coverage and Bad Faith Litigation Practices. He has extensive experience claim counseling and litigating in a wide variety of insurance coverage areas including general liability, pollution, and construction defects. He also regularly handles bad faith claims and suits as well as appeals in state and federal courts.