Court of Appeals Finds Hospital Lien Still Enforceable Against Insurers After Policy Limits Settlement
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
Georgia Apportionment Increase: Employer Negligence to be Added to Verdict Forms
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 b
Georgia Court of Appeals Finds Insurer is Again Estopped from Raising Misrepresentation Defense
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
Since the Celebration at Studio 417, it has been Mudpie in the Sky for COVID-19 Business Interruption Claimants
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 continu
Insurers Win First Battle in Fight Over Business Interruption Coverage For COVID-Related Closings — Michigan Judge Issues First Decision in this Billion Dollar Insurance Coverage Fight
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
Applying Georgia Law, Eleventh Circuit Affirms Multi-Vehicle Collision Constituted a Single “Accident”
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
Cyber Liability Insurance Coverage During Covid-19 Pandemic
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 recen
Business Interruption – COVID-19 Pandemic
The outbreak of the COVID-19 virus has affected businesses all over America. The forced closing and limitation of operations is likely to lead businesses to turn to every possible source of economic relief – one of the most likely being busine
Duties of UM Carrier Not Expanded Beyond Statutory Construct of O.C.G.A. § 33-7-11
Written by: Mark Maholick, Esq. The case Hunter v. Progressive Mountain Insurance Company, —S.E.2d— 2020 WL 255361 (GA App. Jan. 17, 2020) recently reaffirmed the statutory obligations of an automobile insurance carrier in issuing a
Update on Pitfalls to Responding to Policy-limit Demands
Written by: Duane Cochenour, Esq. and Bill Daniel, Esq. The Georgia Court of Appeals recently held that an insurer’s request for clarification as to which insureds are released in a pre-suit, policy-limit demand amounted to a counteroffer and