Blazys v. McKnight, [Ms. A25A1005, Sept. 26, 2025] __ Ga. App. __ (2025). The court (Padgett, J.; Doyle, P.J., and Markle, J., concurring) affirmed the trial court’s denial of attorney fees under OCGA § 9-11-68, holding that a UM carrier that withdraws as a named party before trial is not subject to the statute’s fee-shifting provisions.
Plaintiffs Joseph and Romaine Blazys sued the tortfeasor and served their UM carrier, Allstate. Allstate initially answered in its own name but later elected to proceed solely in the tortfeasor’s name under OCGA § 33-7-11(d). After a jury awarded the Blazyses over $1.5 million, they moved for attorney fees under OCGA § 9-11-68, arguing that Allstate had rejected pretrial settlement offers and that the final judgment exceeded 125% of the offers.
The court held that OCGA § 9-11-68 applies only to named parties at the time of trial and judgment. Because Allstate elected to withdraw as a party before trial, the court concluded that it was not a “defendant” against whom fees could be awarded. The court emphasized that while Allstate initially acted as a party, its pretrial election under the UM statute lawfully altered its status. Fee-shifting under § 9-11-68 is strictly limited to named parties who proceed to a verdict. The appropriate remedy for bad-faith refusal to settle lies under OCGA § 33-7-11(j), not § 9-11-68. Ms. **2–6.