Adelman Prevails in Breach of Contract Case
Jonathan Adelman prevailed on summary judgment in a breach of contract action which was filed for the purpose of enforcing a pre-litigation settlement for the insured’s policy limits. The claimant sustained serious injuries and incurred medical expenses of more than $440,000. The insured’s policy limits were only a fraction of the total health care expenses. The claimant’s attorney argued that his conditional settlement demand had not been accepted when the insurance company agreed to pay its policy limits in response to the request for the same. The trial court disagreed with that argument and entered an order enforcing the settlement and requiring the claimant to pay attorney’s fees. The trial court’s ruling was upheld in the published Court of Appeals’ decision of Sherman v. Dickey, 322 Ga. App. 228 (2013).