Federal judges must apply the insurance law as set out by the Supreme Court of Georgia unless the issue involves group insurance pre-empted by Federal law. By far, the great majority of judges that I have practiced in front of in Georgia have been intelligent, conscientious and honest. Most insurance cases are decided by a judge in what is known as a summary judgment action. Once an insured plaintiff survives a motion for summary judgment filed by the insurance company, the insured should in my opinion normally ask for a jury trial to determine damages. I have found over the years, juries are more willing to spank the insurance company than the judge.
Juries still have that sense of outrage when a big insurance company mistreats a poor insured.
In my experience judges seem to be more forgiving of insurance company transgressions. 8.002 Your Attorney . Your attorney should be experienced in insurance matters before taking on the insurance company. You should never be shy about asking a prospective attorney about the extent of his or her experience in any particular area of the law. Ask for specifics.