Appeals
FMG Client Prevails in Coverage Appeal in Georgia
FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…
FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a primary policy which contained a firearms exclusion. The carrier sent the insured a reservation of rights letter and later sent supplemental letters which clarified the reservation of rights.
The litigation arose following an act ion seeking a declaration that the carrier had no duty to defend the insured in the underlying shooting claim, and FMG’s client prevailed at summary judgment. In an October 2022 opinion, the Georgia Court of Appeals affirmed the trial court and found that the carrier’s initial reservation of rights was sufficient to preserve coverage defenses. Hernandez v. Great Am. All. Ins. Co., 365 Ga. App. 511, 879 S.E.2d 522 (2022). The insured requested review by the Georgia Supreme Court, which denied the request. This case was also handled by Mike Athans who recently retired from the firm. Star Residential, LLC et al. v. Great American Alliance Insurance Company, Georgia Supreme Court, Case Number S23C0255.
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FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia
FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…
Massachusetts Federal Court Dismisses Legal Malpractice Case
Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…
Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client
FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle that occurred…
FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement
Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…
Eleventh Circuit Victory in Insurance Coverage Case
FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…
Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia
FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…
Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…
Arizona Court of Appeals Dismisses Dangerous Conditions Claim
Attorneys Marc Shrake, Zach Moura, and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking…
Supreme Court to Review Fifth Circuit Decision
Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals…
Georgia Court of Appeals Opinion on Pre-Suit Notice
FMG prevailed in the Georgia Court of Appeals on behalf of its client, the City of Alpharetta. The case involved a claim related to stormwater entering onto a residential property. Attorneys Amy Cowan, Marissa Dunn,…
Dismissal of a Petition for Writ of Certiorari
FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…
Dismissal of 2 Zoning Ordinance Appeals in Georgia Court of Appeals
On behalf of FMG client, the City of Dacula, Amy Cowan successfully obtained the dismissal of two appeals before the Georgia Court of Appeals. In the underlying cases, the plaintiff property owner sought a special…