Drew Eckl Farnham Journal image

Last Injurious Exposure in Workers' Compensation Asbestos Claims in Georgia

September 30, 2019 BY Robert Hardeman | Workers Compensation

In Georgia, when an occupational disease claim is compensable under the Act, O.C.G.A §34-9-284 places sole liability on the employer and its' insurance carrier, if any, where the employee was last injuriously exposed to the hazards of the disease. The Act excludes any right of contribution from any prior employer or insurance carrier. ... Continue Reading

Workers' Compensation Claimants and Incarceration: Before, After, and Way After Conviction

September 30, 2019 BY Jasmine Saenz | Workers Compensation

Workers' compensation claims and injuries do not exist in a vacuum; they affect real people who often have real problems outside of their work injury. ... Continue Reading

Snap Judgment on Insurance Contract Firearms Exclusion Leads to Slap on Wrist

September 30, 2019 BY Camile Hart | Insurance and Reinsurance Law

Negligent security cases can be very costly to defend and the damages can be steep. An insurer needs to know whether it has issued a policy that effectively excludes these types of losses. ... Continue Reading

Court Rules Claims Notes Prepared After Anticipation Are Discoverable For Bad Faith Claims But Only After Bifurcation of Claims for Breach of Contract and Bad Faith

July 12, 2019 BY Karen Karabinos | First Party Insurance Law

For decades attorneys for insurance companies and insureds have debated the discoverability of documents contained in the insurer's claims file. Frequently, the debate concerns when an insurer will be required to produce documents prepared in anticipation of litigation. An increasing number of courts are addressing whether claims notes prepared in anticipation in cases must be produced in cases involving bad faith claims. Judge Tilman Self with the Middle District of Georgia ruled in 2018 that such claims notes are discoverable for a bad faith claim, but not for a breach of contract claim, resulting in the bifurcation of the two claims. ... Continue Reading

Georgia Courts Continue to Uphold "exclusive remedy" Rule Under O.C.G.A. § 33-4-6

July 12, 2019 BY Mary Alice Jasperse | First Party Insurance Law

In Georgia, bad faith claims brought by a policyholder against the insurer are codified by statute specifying the requirements for a policyholder to recover a civil remedy for an insurer's bad faith refusal to pay a valid claim: ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley
(Editor-in-chief)

Page 1 of 71
Page