Canton, GA asked in Personal Injury for Georgia

Q: Does 51-12-14 unliquidated damages act require plaintiff atny to send a copy of the demand for settlement to the insured

In order to collect interest from the date of the demand to the date of trial verdict?

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1 Lawyer Answer
Michael W. Horst
Michael W. Horst
  • Alpharetta, GA
  • Licensed in Georgia

A: Yes. There is a Georgia Court of Appeals case which provides "a demand sent by certified mail to the insurer alone as notice to both insurer and insured does not comply with [O.C.G.A. 51-12-14's] plain language and does not authorize prejudgment interest on unliquidated damages in a tort case." Martin v. Williams, 451 S.E.2d 822, 824, 215 Ga. App. 649, 650 (1994).

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