GEICO v. Whiteside: Navigating Complex Post-Loss Duties in Bad Faith Refusal to Settle Cases
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review the holding and real world consequences of GEICO Indem. Co. v. Whiteside (Ga. Apr. 19, 2021), a negligent/bad faith failure to settle case that insurance counsel in all jurisdictions have watched closely and described as "extremely problematic." The panel will unravel the court's allegedly suspect reasoning, address issues related to establishing proximate cause, and offer best strategies for avoiding the results in the case.
- Background of the case
- The certified questions
- Relationship between loss of coverage and tort liability
The panel will review these and other important issues:
- Does Whiteside effectively bar an insurer from denying coverage after it has failed to accept a policy limits demand?
- Are insurers required to evaluate the reliability of an insured, and if so, how?
- How did the issue of foreseeability take center stage in what appeared to be a simple case of breach of contract?
- How can an insurer "foresee" the insured's unreliability?
- How does additional insured status affect the duty to give notice?
- Is a technical "lack of notice" defense valid when the insurer knows about the lawsuit from the tortfeasor?
Christian A. Cavallo
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts.... | Read More
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts. His practice involves drafting coverage opinions and memoranda analyzing his clients’ rights and obligations under complex insurance contracts and providing advice to claims personnel and assigned counsel concerning a wide variety of coverage issues.Close
Rachel E. Hudgins
Hunton Andrews Kurth
Ms. Hudgins represents clients in complex insurance coverage and bad faith litigation.| Read More
Ms. Hudgins represents clients in complex insurance coverage and bad faith litigation.Close
F. Inge Johnstone
Mr. Johnstone has litigated a wide variety of matters, including insurance disputes, business disputes, fraud, personal... | Read More
Mr. Johnstone has litigated a wide variety of matters, including insurance disputes, business disputes, fraud, personal injury, maritime injuries, and property litigation. He has tried cases in both state and federal courts and has been published nationally. He has represented plaintiffs in suits involving insurance bad faith, personal injury, health care, exposure to toxic chemicals, defective pharmaceutical drugs and products (including PPA, Vioxx, and Renu by Bausch & Lomb), the mishandling of private consumer data by a major discount retailer, banking fraud, and real estate fraud.Close