Square v. Woods, [A25A0729 Ga. Ct. App. May 13, 2025]. The court (Padgett, J.; Doyle, P.J., and Markle, J., concur), affirmed enforcement of a settlement agreement in a motor vehicle injury case, rejecting plaintiff’s argument that the insurer’s check failed to meet the offer’s condition that funds be “immediately available.”
Plaintiff had extended a pre-suit offer under OCGA § 9-11-67.1, allowing payment by check. The insurer timely accepted the offer and mailed a check drawn on Citibank, an approved payment method under the statute, ten days before the deadline. The court held that any delay in fund availability was due to plaintiff’s counsel waiting to deposit the check, and not a failure of the insurer’s performance, Ms. **2–3. The court further held that OCGA § 9-11-67.1 applies to pre-suit offers Ms. ** 3–4, affirming the trial court’s order granting the motion to enforce the settlement and dismissing the claims with prejudice.