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Written by: Joseph D. “Trey” Thompson, III In the recent case of Nationwide Mut. Fire Ins. Co. v. Walls, Opinion No. 28012, filed March 10, 2021, the South Carolina Supreme Court in a declaratory judgment action essentially eliminated an automobile liability insurer’s effort to enforce a “step-down” provision in an automobile liability insurance policy. Generally speaking, the decision will largely prohibit automobile insurers from writing and enforcing “step-down provisions”

Written by: Rayford H. Taylor, Esq. Georgia employers are generally aware they must purchase and maintain workers’ compensation insurance to operate within the state. Those employers obtain coverage for themselves and their employees, but often do not pay attention to the types of coverages included in a workers’ compensation and employer’s liability insurance policy. This will be a brief discussion of the types of coverage employers may have available

Written by: James G. Smith, Esq. The Georgia Court of Appeals recently issued a decision in the case of Tift Regional Medical Center Foundation, Inc. v. Geico General Insurance Company[1] which underscores the critical importance of being aware of and addressing perfected liens prior to entering into a settlement, particularly with a pro se Plaintiff.  In that case, the Plaintiff sustained injuries in car accident and received treatment with

Written by: Glenn E. Jones, Esq. Georgia employers, especially those who hire and employ drivers, have an additional conduit of risk and scrutiny based on a new ruling by the Georgia Supreme Court. Georgia juries may find an employer negligent based on what is found in an employee's driving history, training history, or criminal background. The longstanding rule for negligence cases in Georgia is that a plaintiff may not recover

ATLANTA – November 6, 2020 – Hall Booth Smith, P.C. (HBS) has named six new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm's partnership ranks are Abe Varner, J. Felicia LeRay, and Paul Trainor in Atlanta; Hank Pittman and J.D. Dean in Tifton; and Spencer Craig Gill in Charleston. Abe Varner's practice focuses on the defense of large hospital systems and healthcare

Written by: Patrick Fitzgerald, Esq. In Penn-Am. Ins. Co. v. Morgan Fleet Servs. Inc., 2020 WL 4726544 (Ga. Ct. App. Aug. 14, 2020), Penn-America Insurance Company ("Penn-America") sought a declaration that its insurance policy with Morgan Fleet Services Inc. ("MFS") was void on the ground that MFS's application for insurance coverage stated that MFS "[i]nstalls seat covers in buses” when, in reality, MFS was engaged in the business of

Written by: Jacob Raehn, Esq. In the final days of summer, Federal District Courts from every corner of The United States have laid down orders both for, and mostly against, allowing plaintiffs’ COVID-19 business interruption claims to continue against their insurers. Thus, making the “unprecedented times” we are living in a thing of the recent past – at least when it comes to a roadmap for determining how courts

Written by Duane L Cochenour, Esq. and Caitlin E. Correa, Esq. Hundreds of declaratory judgment actions have been filed across the country seeking business interruption coverage for shutting down businesses due to the coronavirus. It is shaping up as one of the biggest coverage battles in years with billions of dollars of losses at stake. On July 1st, a Michigan Circuit Court issued the first ruling in any of

Written by: Elizabeth Fulton Morrison, Esq. On October 15, 2015, a truck driver crossed the center line and collided with two different vehicles, one after the other. The facts established that the truck driver truck did not correct the truck's path before striking the second vehicle. Grange Insurance, who insured the truck, sought injunctive relief in the Northern District of Georgia for purposes of determining its obligations under the commercial

Written by: Asya-Lorrene Morgan, Esq. and C. Michael Johnson, Esq. Overnight, COVID-19 created a need for a large teleworking population, which has left businesses more vulnerable to phishing schemes and other malicious cyber activity. The recent increase in remote desktop protocols ("RPDs") has created a 127% increase in exposure endpoints.[1] Failure to reassess cyber threats in relation to the current pandemic may subject insurers to a floodgate of cyber