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
Proximate Cause Determination Kept from Jury in $1.7M Coverage Case
Written by: R. Wells Littlefield, Esq. In Principle Solutions Group, LLC v. Ironshore Indemnity, Inc., 17-11703, 2019 WL 6691509, (11th Cir. Dec. 9, 2019), a split 11th Circuit Court of Appeals panel affirmed summary judgment in favor of Princi
Blinders in Reviewing a COI Can Lead to a Binder on the Part of the Insurer
Written by: Beth Kanik, Esq. Merriam Webster defines a “binder” as a person or a machine that holds something together. In 2019, the Washington Supreme Court in an en banc opinion expanded that definition to apply to a certificate of insur
Insurer’s Ability to Dispute Coverage May be Waived by Filing Insured’s Answer Before Giving Notice of Reservation of Rights
Written by: C. Michael Johnson, Esq. and Patrick Fitzgerald, Esq. In ACCC Ins. Co. of Ga. v. Walker, 2019 WL 4198535 (Ga. Ct. App. Sept. 5, 2019), ACCC Insurance Company of Georgia (“ACCC”) took the rather extra-ordinary step of fili
Beware The Vanishing Doctor: Protecting Coverage When Physicians are Dismissed in Georgia.
Written by: Paul Ivey, Esq. and Tyler Pritchard, Esq. Hospitals around the country employ dozens of physicians and nurses. Often, as a part of their employment, hospitals agree to pay the premiums on these health care professionals’ liability
South Carolina Supreme Court Answers Certified Question As To An Insurer’S Waiver Of Attorney-Client Privilege In Bad Faith Tort Actio
By: Elizabeth Wieters, Esq. This past week, the South Carolina Supreme Court answered a certified question from the U.S. Court of Appeals for the Fourth Circuit concerning an insurer’s waiver of attorney-client privilege in a bad faith action
Is Work Product Protected by Attorney-Client Privilege When The Insurer’s Corporate Representative Is A Testifying Expert
Written by: Elizabeth Fulton, Esq. In February 2019, the Supreme Court of Texas considered whether the Insurer’s corporate representative was required to turn over drafts of affidavits and e-mails with outside counsel to the opposing party
The Supreme Court of Georgia Clarifies When an Insurer’s Duty to Settle Arises and Applies Contract Law to Reject a Bad Faith Failure to Settle Claim
Written by: Bryan Forsyth, Esq. In First Acceptance Ins. Co. of Georgia, Inc. v. Hughes, No. S18G0517, 2019 WL 1103831 (Ga. Mar. 11, 2019), the Supreme Court of Georgia reversed the Court of Appeals, 343 Ga. App. 693, 808 S.E.2d 103, and disappr
Ironical: Late Notice by Insurer of Reservation of Rights in Estoppel of Coverage Defense of Late Notice by Insured
Written by: James H. Fisher II, Esq. In Auto-Owners Insurance Company v. Cribb, 2019 WL 451555 (N.D. Ga.), Auto Owners, as insurer brought a declaratory judgment action asserting failure of its insured to comply with a coverage condition precede
10TH CIRCUIT CONTINUES THE EROSION OF CGL BUSINESS RISK EXCLUSIONS
Written by: C. Michael Johnson, Esq. The 10th Circuit, just added its authority to a judicial trend of very narrowly construing key business risk exclusions in the CGL Policy: Exclusions j (5) & (6). MTI, Inc., v. Employers Ins. Co, Of Wausa