Insurer Files Lawsuit to Recoup Settlement Overpayment

A restaurant owner who settled a harassment lawsuit against Stockbridge for $1.7 million in March is being sued by the insurance company that paid the bill.

Atlantic Specialty Insurance, the Henry County city’s insurer, says it mistakenly paid Arick Whitson and his business, Georgia Championship Barbecue Company, an extra $1 million and the insurer claims they have been unable to get Whitson to commit to returning the overpayment.

The settlement agreement dictated that the insurer pay Whitson $1.2 million and his attorneys $500,000.

The insurer initially provided Whitson a $1 million deposit of the funds before the restauranteur’s attorneys requested a wire transfer instead, according to the lawsuit.

After wiring the money, the insurer thought it had successfully stopped the direct deposit. But a week later it discovered that both had gone into Whitson’s bank account, the lawsuit said.