Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Georgia Supreme Court Clarifies the Essential Elements of a Failure to Settle Claim within Policy Limits
3/18/19
By: Phil Savrin
In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the …
Right of Contribution among Joint Tortfeasors is Still Viable in Georgia
4/2/13
By: Bart Gary
Most believed that the right of contribution among joint tortfeasors (two or more persons whose negligence combine to cause injury or damage) was abolished in Georgia in 2005 when the tort reform legislation went into effect. On …
Stranger Danger: Georgia Joins Minority View and Allows Assignability of Legal Malpractice Claims
4/2/13
By: Dana Maine
Legal malpractice carriers be aware that you will now be on the hook for defending your insureds in actions brought by strangers to any attorney-client relationship. The Georgia Supreme Court just answered the question on the minds …
New FMLA Poster and Model Forms Issued
3/8/13
By Amy Bender
The Department of Labor (“DOL”) has issued a revised Family and Medical Leave Act (“FMLA”) notice poster that all covered employers are required post by March 8, 2013. This poster summarizes the major provisions of the …
Employers Must Act Now on Healthcare Law
1/16/13
By David Cole
This is a critical time for employers to be aware of their obligations under the healthcare law and begin taking steps needed for compliance. As just a brief reminder, some of the law’s key provisions for employers …
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By Kamy Molavi
On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in …
Georgia Supreme Court Upholds Apportionment Statute
7/10/12
By Sun Choy and Jake Daly
Yesterday the Georgia Supreme Court issued its much-anticipated opinion inCouch v. Red Roof Inns, Inc., which involved a challenge to the validity and constitutionality of Georgia’s apportionment statute, O.C.G.A. § 51-12-33. The …
Supreme Court Upholds Health Care Mandate, but States May Avoid Medicaid Expansion
6/28/12
By Ben Mathis
In a 5-4 opinion authored by Chief Justice John Roberts, the Supreme Court upheld the key “individual mandate” provision of the Patient Protection and Affordable Care Act.
Contrary to early media reports, however, a divided and more …
Georgia High Court Expands Waiver of Coverage Defenses
6/27/12
By Philip W. Savrin
Last week, the Supreme Court of Georgia issued its decision in Hoover v. Maxum Indemnity Company finding that an insurer had not preserved its right to disclaim on defenses that were not asserted adequately in the …
High Court Splits on Arizona Law — Is Georgia Next?
6/26/12
By Ben Mathis and Kelly Morrison
In a decision that left both sides claiming victory, the Supreme Court struck down several portions of immigration legislation by the State of Arizona, but also upheld a key part of the law that …
Eleventh Circuit Rejects Eleventh Amendment Immunity For Sheriff
5/18/12
By Ben Mathis and Bill Buechner
The Eleventh Circuit has issued an unpublished decision holding that a Georgia sheriff is not entitled to Eleventh Amendment immunity with respect to 42 U.S.C. § 1983 claims arising out of his termination decisions. …