Cohenv.Progressive Mt. Ins. Co.
CourtCourt of Appeals of Georgia
Docket No.A25A0116
DecidedMay 27, 2025
Reporter375 Ga. App. 487; 916 S.E.2d 521; 2025 Ga. App. LEXIS 210; 2025 LX 19366; 2025 WL 1501092
JudgesRICKMAN, Presiding Judge. Hodges and Davis, JJ., concur.
Tags
CivilInsurance LawSettlement DemandsOCGA 9-11-67.1Motor Vehicle Tort ClaimsDeclaratory JudgmentStatutory Interpretation
Case Summary
After a fatal collision, the Cohens sent Progressive a $25,000 policy-limits settlement demand two days after their uninsured-motorist carrier, Travelers, answered the tort suit, but before the driver answered. Progressive argued that OCGA § 9-11-67.1 governed the demand because the tort defendant had not yet answered. The Court of Appeals held that “an answer” in the statute means any answer, including Travelers’ filing, so the statutory pre-answer demand rules no longer applied. It reversed the declaratory judgment for Progressive.
Opinion
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