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Georgia Insurance Defense Lawyer
http://www.georgiainsurancedefenselawyer.com/
Analyzes insurance defense law reports, opinions and legislation in Georgia.
62 articles
GEORGIA COURT OF APPEALS ENFORCES SETTLEMENT AGREEMENT
From Georgia Insurance Defense Lawyer, 7 month ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
The Georgia Court of Appeals recently issued an opinion which should assist defendants seeking to enforce settlement agreements. In Smith v. Hall, Case No. A11A1042 (Ga. Ct. App., July 21, 2011), the plaintiff's attorney sent a letter to the defendant's attorney demanding insurance policy limits of $25,000 by a certain date. The letter also stated that any deviation or delay in the acceptance would be considered a rejection. Defendant's attorney wrote back within the...
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RICHARD JEWELL LIBEL CASE DEALT ANOTHER BLOW BY GEORGIA COURT OF APPEALS
From Georgia Insurance Defense Lawyer, 9 month ago, Read 0 times. Similar articles
Posted by Susan J. Levy
Case Caption: Bryant, in his capacity as Executor of the Estate of Richard Jewell v. Cox Enterprise, Inc. d/b/a The Atlanta Journal Constitution, et al., 2011 Ga. App. Lexis 662
Court: Georgia Court of Appeals
Plaintiff's Attorneys: L. Lin Wood, Jr., Wood, Hernacki & Evans, LLC
Defendant's Attorneys: Peter Canfield, Dow Lohnes
Alleged Damages: Libel
Ruling: Georgia Court of Appeals Affirmed Defendant's Motion for Summary Judgment
Date: July 13, 2011
Summary: ...
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GEORGIA SUPREME COURT RULES HOTELS HAVE NO DUTY TO CHECK ON GUESTS FOR MEDICAL CONDITIONS NOT CAUSED BY THE HOTEL
From Georgia Insurance Defense Lawyer, 10 month ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
Refusing to bow to the adage that ?bad facts make bad law,? a bare majority of Georgia Supreme Court justices held that a hotel has no duty to check on a guest or render aid for medical conditions unrelated to the guest's stay at the hotel. Rasnick v. Krishna Hospitality, Inc., Case No. S10G0971 (Ga. S. Ct., July 5, 2011). The facts are bad indeed. In 2006, a 77 year old Texan named Sidney Rasnick traveled to Georgia on a work assignment and checked into the Motel...
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LOCAL GOVERNMENT EMPLOYEES PROTECTED FROM SUITS INVOLVING COVERED MOTOR VEHICLES
From Georgia Insurance Defense Lawyer, 11 month ago, Read 0 times. Similar articles
Posted by Susan J. Levy
In DeLoach v. Elliott et al., 2011 Ga. LEXIS 381 (2011), a City of Waynesboro, Georgia, police officer, while on routine patrol in his city-owned vehicle, rear-ended Plaintiff's vehicle. Plaintiff sued the officer both in his official and individual capacities, and the City of Waynesboro. The Court granted summary judgment to the City and to the Officer in his official capacity for the failure of Plaintiff to comply with the ante litem requirement. The only issue on...
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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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SIZE MATTERS - AT LEAST WHEN IT COMES TO ALLIGATORS
From Georgia Insurance Defense Lawyer, 1 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
Eighty-three-year-old Gwyneth Williams was house-sitting for her daughter and son-in-law in a gated golf club community called The Landings, located on Skidaway Island, outside of Savannah. The Landings Association, Inc. v. Williams et al., 2011 Ga. App. LEXIS 278 (2011). The Landings' 4500 acre community is built around 150 interconnected lagoons originally built by the previous owner, then expanded upon by The Landings' developer. The lagoon complex connects to...
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GEORGIA COURT OF APPEALS RULES EMPLOYER NOT LIABLE FOR PLAINTIFF'S INJURIES SUSTAINED IN FIGHT AT A COMPANY-SPONSORED PARTY
From Georgia Insurance Defense Lawyer, 1 year ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
Sometimes companies throw parties at which someone gets hurt. And, of course, when people get hurt, they often look to blame someone else, especially the deep pocket. In January, the Georgia Court of Appeals rendered a decision which should be of interest to attorneys who may have occasion to represent such a company. In B-T Two, Inc. v. Bennett, Case No. A10A1716 (Ga. Ct. App., Jan. 27, 2011), the Court considered whether the defendant, doing business as Buffalo's ...
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COURT TOLERATES INJECTION OF INSURANCE COVERAGE
From Georgia Insurance Defense Lawyer, 1 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
While those of us typically on the defense side of the bar like to think we can protect the jury from learning that our client has liability insurance, to large measure, we really can't. Juries are typically pre-qualified as to whether they are shareholders, officers, directors or employers of the defendant's liability carrier. In cases involving mutual insurance companies, jurors are also pre-qualified as to whether they or their family members are policy holders of...
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IN GEORGIA, THE INSURED MUST REJECT UNINSURED MOTORIST COVERAGE, INCLUDING ADD-ON COVERAGE, IN WRITING
From Georgia Insurance Defense Lawyer, 1 year ago, Read 0 times. Similar articles
Posted by H. Lee Pruett
A recent telephone call from an acquaintance who happens to be a plaintiffs' lawyer prompted a little research on my part to determine an insurance company's obligations to provide uninsured motorist coverage, and how to know whether the coverage is ?traditional' or ?add-on.? With traditional UM, the insurance company is entitled to a setoff for any underlying liability coverage. For example, if the defendant driver has $25,000 in liability limits, and the plaintiff has...
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SLIP SLIDIN' AWAY THROUGH ATLANTA
From Georgia Insurance Defense Lawyer, 1 year ago, Read 0 times. Similar articles
Posted by Susan J. Levy
As many of you may know, Atlanta was recently shut down due to snow and ice. Since it took almost a week for the temperature to rise above freezing for any length of time, the City was paralyzed for days. After about three days, most major roads were passable and I decided to venture out to the office. On my way, I decided to stop at Kroger to re-stock my kitchen. Much to my delight, the store was opened. However, the parking lot was a sheet of ice. No caution...
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