FDOV, LLC v. Eaddy , [Ms. A25A0184, June 2, 2025] __ Ga. App. __ (2025). The court (Brown, J.; Barnes, P.J., and Watkins, J., concur), affirmed summary judgment in favor of OOIDA Risk Retention Group, holding that the insurer did not violate OCGA § 33-4-7 by conditioning payment of FDOV’s property damage claim on execution of a release.
FDOV had demanded $8,400 for building damage caused by a covered driver. Although negotiations extended for months, the insurer ultimately offered the full amount within 60 days of receiving FDOV’s statutory demand letter. The Court held that under the plain language of OCGA § 33-4-7(b)-(c), an insurer only breaches its statutory duties when it “offers less than the amount reasonably owed under all the circumstances” in bad faith, and liability for penalties is predicated on failure to pay an “amount certain” within the 60-day window. Because the insurer timely offered to pay the amount demanded, it did not breach the statute—even if it insisted on a contested indemnification clause in the release. Ms. **7–8.