Grange Mutual Casualty Company v. Woodard

Summary

The Court held that OCGA § 9-11-67.1 permits a pre-suit settlement offer to require acceptance through performance in addition to written acceptance, including timely payment. It reasoned that the statute establishes minimum required terms and does not displace common-law principles allowing an offeror to prescribe the manner and conditions of acceptance. The Court answered the certified questions only in part and declined to decide whether the parties formed a settlement or what consequences followed from any breach. Justice Melton, dissenting and joined by Justice Blackwell, would have held that the statute separates acceptance from later payment and therefore forbids conditioning acceptance on timely payment.