Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -
Section d.. I need more clarity about the unnamed party..
It’s almost 60 days no response and liability was already accepted 100%.
A:
Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.
In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against the tortfeasor (i.e., the person who caused the damage to your property). At the same time you file suit against the tortfeasor, you should serve the insurance company with the same suit papers that you served on the tortfeasor. Then, in the event you receive a verdict against the tortfeasor for an amount equal to or in excess of the amount you demand, you can then to have the judge or jury make a determination as to whether the insurance company acted in bad faith in the handling or adjustment of the attempted settlement of your claim. The insurance company is not made known to the jury until AFTER you have received a verdict against the tortfeasor for an amount equal to or in excess of the amount you demand.
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