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GEORGIA COURT OF APPEALS REMINDS TRIAL COURT TO AVOID THE ?DISTORTING EFFECTS OF HINDSIGHT' IN DECIDING WHETHER AN INSURED GAVE LATE NOTICE OF AN ACCIDENT TO HIS LIABILITY INSURER
From Georgia Insurance Defense Lawyer, 11 month ago, Read 1 times. Similar articles
Sometimes, what you don't know can't hurt you. That was the insured's argument on appeal in a recent declaratory judgment action in which the liability insurer sought to be excused from defending an underlying lawsuit because the insured failed to notify the insurer of the accident until after the lawsuit was filed. In Forshee v. Employers Mut. Cas. Co., Case No. A11A0092 (Ga. App. Apr. 28, 2011), the insured, Johnny and Elizabeth Forshee, owned a service station and convenience store. On...
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GEORGIA COURT OF APPEALS CLARIFIES STANDARD OF CARE FOR COMMON CARRIERS OF PASSENGERS
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
When a transit company's employee assaults a passenger, can the company be held strictly liable' In Laidlaw Transit Servs., Inc. v. Young, Case No. A09A1525 (Ga. Ct. App., Aug. 20, 2009), the Georgia Court of Appeals said no, strict liability did not apply.
In this transportation case, the trial court granted the transit company's motion for summary judgment on plaintiff's claims of negligent hiring, training, supervision, and retention, but the court denied...
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GEORGIA JOINS GROWING ?TREND' OF JURISDICTIONS ALLOWING EVIDENCE OF EXPERT'S PERSONAL PRACTICE
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by Jonathan A. Barash
You are defending a medical malpractice lawsuit. At trial, plaintiff's expert testifies that treatment your doctor-client failed to do was required by the applicable standard of care. From pre-trial discovery you know, despite her trial testimony, that plaintiff's expert did not always employ that particular treatment in her own practice. Until two months ago, you would not be able to offer this evidence to impeach plaintiff's expert. Evidence of an expert's...
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JURORS USE OF INTERNET TECHNOLOGY DISRUPTS ORDER IN THE COURT Part 2 of a 2-part Series
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
In June, the Indiana Supreme Court decided a civil rape case where a juror received a cell phone call during deliberations. In Henri v. Curto, No. 49S02-0812-CV-641, (Ind. S. Ct., Jun. 17, 2009), the appellant challenged the verdict on the grounds that the juror's receipt of an incoming cell phone call during jury deliberations pressured the panel to reach a hasty verdict. The Court upheld the verdict, but the Judge wrote:
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JURORS USE OF INTERNET TECHNOLOGY DISRUPTS ORDER IN THE COURT Part 1 of a 2-part Series
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
As a lawyer in 2009, there are certain things I am required to own: a suit, a briefcase, a laptop, and a Blackberry (mostly because I am not cool enough for an iPhone). Also, my chosen profession mandates that I take my cell phone everywhere, check my email constantly, and now, that I have the ability to text both my office and my clients.
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GEORGIA SUPREME COURT RULES THAT A ?WET FLOOR' SIGN CAN ITSELF BE A HAZARD AND EXPOSE A PROPERTY OWNER TO LIABILITY
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
In American Multi-Cinema, Inc. v. Brown, 285 Ga. 442 (2009), the Georgia Supreme Court held that a sign warning of a hazard can constitute a hazard itself. In this case, the plaintiff was a customer in the defendant's movie theater. On the day of the accident, the theater was crowded and moments before the movie was over, the defendant's employees placed a ?wet floor' sign over a spill just outside the theater's exit door. As the crowd left the theater, the sign...
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MANY EXPECT NEW LEGAL ISSUES AND LITIGATION FROM ?GREEN BUILDING' TREND
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by Jonathan A. Barash
While there has been a great deal of discussion and media coverage regarding the benefits of ?green building,? until recently, less attention has been given to the risks involved ? particularly the legal risks.
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GEORGIA SUPREME COURT RULES INSURER CANNOT MAINTAIN AN ACTION AGAINST ITS INSURED FOR BAD FAITH FAILURE TO SETTLE A CLAIM IN ABSENCE OF A JURY VERDICT IN EXCESS OF POLICY LIMITS
From Georgia Insurance Defense Lawyer, 2 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
Anthony and Joshua Fowler were killed when a billboard manufactured by Phoenix Outdoor, LLC and owned by Trinity Outdoor, LLC fell while it was being installed on Trinity's property. Lawsuits were filed and, eventually, the following legal question was posed to the Georgia Supreme Court: Whether a judgment entered against an insured in excess of policy limits is a prerequisite for bringing an action against the insurer for the negligent or bad faith failure to settle. ...
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UNINSURED MOTORIST RATES PREDICTED TO INCREASE IN TOUGH ECONOMIC TIMES
From Georgia Insurance Defense Lawyer, 3 year ago, Read 0 times. Similar articles
Posted by Jonathan A. Barash
In a recent study, the Insurance Research Council (?IRC') predicted that the recent economic downtown will trigger a sharp rise in the number of uninsured motorists nationwide. In its Uninsured Motorist, 2008 Edition report, IRC predicted a rise from an estimated 13.8% uninsured drivers in 2007 to 16.1% in 2010.
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GEORGIA COURT OF APPEALS RENDERS A SENSIBLE RULING ON EMPLOYER LIABILITY AND NEGLIGENT ENTRUSTMENT
From Georgia Insurance Defense Lawyer, 3 year ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
Jessica Heard, the daughter of an officer and owner of Mark Heard Fuel Company, rear-ended Bonnie Hicks while driving a company car. Ms. Heard was employed by the Company as a clerical worker on a part-time, as-needed basis. At the time of the accident, she was driving home from school. Ms. Hicks, the plaintiff, claimed she was injured and filed suit against Ms. Heard and the Company. Plaintiff alleged the Company was liable through vicarious liability and negligent...
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EXPERTS PREDICT INCREASED NUMBER OF CLAIMS IN TOUGH ECONOMY
From Georgia Insurance Defense Lawyer, 3 year ago, Read 0 times. Similar articles
Posted by Jonathan A. Barash
Insurers, lawyers, and industry groups have reported a rise in claims since the U.S. economy took a downturn.
Last month, the Atlanta Business Chronicle reported an increase in the number of medical malpractice cases filed in Georgia. The report was based, at least in part, on an increase in claims seen by MAG Mutual Insurance Co., Georgia's largest medical malpractice insurer. However, MAG Mutual's president and COO, Daryl Grimes, was not ready to conclusively...
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