The Georgia Court of Appeals has affirmed a ruling that an insurer failed to meet the requirements of a time-limited settlement demand, raising the possibility of a bad-faith failure-to-settle claim, but not without Chief Judge Christopher McFadden making clear his displeasure with the “onerous requirements” and “warnings and threats” contained in the demand letter.

“The 22-page offer letter is compelling, if not dispositive, evidence of a lack of intent to settle the claim and so of bad faith,” wrote McFadden in a special concurrence. “Per force it is not bad faith to reject an offer made in bad faith.”