Georgia’s Insurance Prompt Payment Law Invalid
2/21/14
By: Jonathan Kandel
Last week, a federal appeals court found a portion of Georgia’s Insurance Prompt Payment law was preempted by the federal Employee Retirement Income Security Act (ERISA) and, therefore was invalid. The law at issue, which is known …
BITCOIN COMPANIES TEST THE WATERS IN PROVIDING DEPOSIT INSURANCE
2/13/14
By: Abby A. Vineyard
Bitcoin is a new peer-to-peer digital currency that replaces the need for traditional money and essentially acts as “cash for the Internet.” Bitcoin users enjoy several benefits that users of traditional currency simply do not have …
“Blurred Lines” and Insurance Coverage
1/17/14
By: Seth Kirby
Unless you were living under a rock for all of 2013, it was impossible to avoid hearing Robin Thicke’s hit song “Blurred Lines.” During the summer of 2013 it was played on every radio format on a …
Proposed Affordable Care Act Fix Falls Flat
11/26/13
By: Seth Kirby
In spite of President Obama’s assurances during his push to pass the Affordable Care Act (“ACA”) that individuals would be able to keep their existing health insurance, thousands of Americans have received notices that their plans have …
Fantasy Football Insurance
10/15/13
By: Seth Kirby
Among sports fans, it is common knowledge that insurance products exist which protect against the risks associated with player injuries. A professional sports team might purchase a disability policy to pay all or a portion of the …
The Reach of Georgia Apportionment Statute Continues to Expand
9/13/13
By: Stephanie Stewart
Georgia’s apportionment statute, O.C.G.A. § 51-12-33, has been making waves in the Georgia Court of Appeals and Georgia Supreme Court as new opinions are being issued interpreting the game-changing statute. Previous cases have already held that the …
Keep the Change – The Weight of Emotion
8/16/13
By: Seth F. Kirby
Dr. Roger Herrin recently made national headlines when he was ordered to return money that his son’s estate had been awarded in a wrongful death lawsuit. By itself, the order was not really newsworthy. The order …
Construction Defects Can In Fact Be Accidents
7/24/13
By: Jonathan Kandel
The Supreme Court of Georgia has further clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July …
Court of Appeals Breathes New Life into Joint and Several Liability in Georgia
4/4/13
By: Phil Savrin
For many years, the rule in Georgia was that tortfeasors could be liable jointly and severally for bodily injury or death, without apportionment unless the plaintiff was found to be some part at fault. If a plaintiff …
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 …
Minnesota High Court Rules that Additional Insured is not Covered in the Absence of Negligence of the Named Insured
3/28/13
By: Bart Gary
Many contracts, especially construction contracts, will contain a provision whereby one party, usually a subcontractor, agrees to add the other party to the contract, usually the general contractor, as an additional insured on the former’s insurance coverage. …