In this case, the First District reversed an order finding that an insurer’s nominal offer of judgment was not made in good faith. The trial court considered only objective factors, such as the amount of the proposal and the amount at issue in the litigation. However, as the district court explained, settlement proposals must be examined under a subjective standard, and whether an offer is made in good faith ultimately turns on the offeror’s subjective motivations and beliefs.

...posted by  ⊥  February 18th, 2011 ⊥  7:15 AM  ⊥   ⊥