Seth Friedman Pens Law360 Expert Analysis on Georgia’s Mirror-Image Rule

Atlanta, Ga. (August 10, 2023) – Atlanta Partner Seth M. Friedman recently authored a Law360 Expert Analysis piece on the state of Georgia’s mirror-image rule, which holds that an insurer’s response to a demand must be a mirror image of the demand in order to have an enforceable settlement agreement. Georgia state courts have found that even minor deviations by an insurer in its response can lead to no enforceable settlement agreement.

In his Expert Analysis article, Mr. Friedman discusses a recent appellate case in Pierce v. Banks, where the insurer sent a letter and settlement check accepting the demand several days after receiving it. The Georgia Court of Appeals sided with the plaintiff, who said that the insurer failed to correctly accept the offer because the settlement check was delivered before the 15^th day after acceptance and the check had an expiration on it. This slight variance shows just how strictly Georgia courts continue to enforce the mirror-image rule.

According to Mr. Friedman, “when the mirror-image rule results in there being no settlement, the plaintiff may then claim that the insurer has potential exposure beyond its policy limits.”

Mr. Friedman concludes the article by noting that anyone attempting to accept settlement demands in the state should exercise caution in how they respond, otherwise they might end up without an enforceable settlement and years of subsequent litigation.

Mr. Friedman serves 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. Earlier this year, Mr. Friedman was appointed to Law360’s 2023 IA General Liability Editorial Advisory Board.

Read the full Law360 expert analysis here (subscription may be required).