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Spoliation: How Failing to Preserve Evidence Can Spell Disaster for Your Case

May 22, 2018 BY Robert Quinn | Workers Compensation

Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant's injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is authorized to impose a wide range of sanctions against the offending party. ... Continue Reading

The Cost of Free Admission: Protection for Landowners under the Recreational Property Act Strengthened by the Georgia Supreme Court

May 22, 2018 BY Daniel Cheek | General Liability

Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. ... Continue Reading

Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries

May 22, 2018 BY Jason Prine | Insurance and Reinsurance Law

Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. ... Continue Reading

Court of Appeals Visits the Issue of Continuous Employment in Two Cases in 2017

May 22, 2018 BY Bryant Speed | Workers Compensation

During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. ... Continue Reading

Fraud in Part, Fraud in Whole?

May 22, 2018 BY Chip George | First Party Insurance Law

In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. ... 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

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