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 …
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. …
The Marketing Risks of Insurance Related Litigation
10/4/12
By: Seth Kirby
Nationally syndicated radio host Clark Howard recently targeted auto insurer Progressive in his “Clarkrageous Moment,” a segment in which he expresses his outrage over various topics. In this instance, his outrage stemmed from an auto accident in …
Georgia Supreme Court Expands Diminution in Value Analysis to All Property Damage Claims
7/9/12
By: Seth Kirby
For the last decade, Georgia auto insurers have been required to compensate accident victims for the inherent loss in value that a car suffers when it has been in an accident. This loss is known as diminution …
Supreme Court of Georgia does an About Face on Preserving Coverage Defenses
7/5/12
By: Phil Savrin
Three weeks ago, I blogged that even though the Supreme Court of Georgia held that defending an insured without a reservation of rights waived coverage defenses, the standard for preserving defenses was easy to meet. Since then, …
The Pitfall of Coverage by Estoppel in Georgia
6/7/12
By: Phil Savrin
The Supreme Court of Georgia swept aside many decades of case law recently when it decided that an insurer cannot rely on policy provisions to deny coverage if it defends its insured without reserving its rights. Before …
