Lawyers for Geico argued at the Eleventh Circuit Court of Appeals Thursday that the insurer should not be on the hook for the lion’s share of a more than $2.9 million default judgment against a driver who hit a bicyclist—a judgment later affirmed against the carrier by a federal jury. 

Arguing for the insurer, Smith Gambrell & Russell partner Edward Wasmuth Jr. told the appellate panel that it is “fundamentally unfair” to hold Geico responsible for a massive default judgment handed down in a case it didn’t even know about, which was then allowed to be the damages benchmark for a subsequent trial finding it acted in bad faith.