Appeals
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on a tractor that was not subject to Georgia’s compulsory insurance laws. In so doing, the Court of Appeals in Insurance Company v. Onionman Company, LLC, 369 Ga. App. 597, 894 S.E.2d 152 (2023) reversed the trial court’s reasoning that the policy was ambiguous such that UM coverage would be imputed to the insurer. In reversing that reasoning, the Court of Appeals determined that a tractor was not in fact an “auto” under the policy for which UM coverage applied. In reaching that decision the Court of Appeals distinguished the decision in Hinton v. Interstate Guaranty Insurance Company, 267 Ga. 516, 480 S.E.2d 842 (1997), in which the Supreme Court of Georgia found that a vehicle struck by a tractor did qualify as a “uninsured motor vehicle” within the meaning of the UM statute. As explained by the Court of Appeals in the Onionman case, the absence of liability coverage for the operation of the tractor meant that the farmer could not recover UM benefits under the policy.
In response to the reversal of the trial court’s opinion, the farmer turned to the Supreme Court of Georgia to request discretionary review by way of petition for certiorari. On March 27, 2024, the Supreme Court denied the request. As such, the Court of Appeals’ decision is the end of the road for the farmer in his quest for UM coverage where none is provided by the terms of the policy.
Professionals
More Successes
More Successes
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
FMG attorneys Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
FMG Prevails in Appeal Regarding Municipal Ante Litem Notice in Georgia
FMG attorneys Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Edward P. O’Neil, III, et al. v. Estate of Charles E. Gaudet, et al., Middlesex Superior Court, C.A. No. 2281-CV-03571. FMG attorneys Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad…
FMG Assists Evansville, Indiana in Defeating a First Amendment Challenge to its Sign Code
FMG Attorneys Phil Savrin, Sean Harrison, and Bill Buechner successfully represented the City of Evansville, Indiana in an appeal from the dismissal of a First Amendment challenge to a sign ordinance case that was heard…
FMG attorneys Nicolas Bohorquez and Dana Maine successfully defended the City of Roswell and the Director of Planning and Zoning for the City in a lawsuit filed in the United States District Court, Northern District…
A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…
FMG obtains Summary Judgement Victory from California Court of Appeals
Practice Fusion, Inc. v. Freedom Specialty Ins. Co., et al. California Court of Appeal, Case No. A167130; A167886 FMG Attorneys Al Alikin and Christian Nagy, along with attorneys for other carriers in the same D&O…
CARL RALPH DAILY v. PHIL SMITH AND LAW OFFICE OF PHIL SMITH. Sixth Appellate District of Texas at Texarkana FMG attorneys Bob Chadwick and Jack Doyle prevailed on appeal in the Sixth Appellate District of…
FMG Attorney Wins Appeal on Anti-SLAPP Motion in Fulton County State Court in Georgia
FMG attorney Nicolas Bohorquez prevailed on his appeal of a Fulton County State Court decision denying a motion to strike under Georgia’s Anti-SLAPP statute. A nightclub and its owner brought a suit against the Ansley…