Geico's lawyer pushed back against the default judgment in front of the Eleventh Circuit Court of Appeals, arguing that the insurer had no knowledge of the case. (Photo: Shutterstock)
It is "fundamentally unfair" to hold Geico responsible for a massive default judgment handed down in a case it didn't even know about, which was then allowed to be the damages benchmark for a subsequent trial finding it acted in bad faith, lawyers for the insurer told an appellate panel on Dec. 12, 2019.
Arguing for the insurer, Smith Gambrell & Russell partner Edward Wasmuth Jr. told the Eleventh Circuit Court of Appeals that the insurer should not be on the hook for the lion's share of a more than $2.9 million default judgment against a driver who hit a bicyclist — a judgment later affirmed against the carrier by a federal jury.
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Greg Land
Greg Land covers topics including verdicts and settlements and insurance-related litigation for the Daily Report in Atlanta.
