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Georgia Court Takes Bright-Line Approach to Question of When Liability Insurer Has A Duty to Settle, Thereby Limiting Insurers' Potential Bad Faith Exposure Where No Formal Settlement Demand Within Policy Limits Has Been Made

January 27, 2020 BY Eric Mull Katelyn Fischer | First Party Insurance Law

A recent Georgia Supreme Court Decision unequivocally places Georgia on the side of the insurer when it comes to the long-debated question of when a liability insurer has a duty to settle a third-party claim. ... Continue Reading

"Future-Proof" Your Company: Effective Business Succession Planning

March 31, 2019 BY - - | Appellate

Starting and running a business is a complex venture that comes with many daily challenges. But, long-term planning to ensure a smooth transition out of a business is an even greater challenge, one that is often ignored until it is too late. Some entrepreneurs start out with the assumption they are going to sell their company within a few years, but this usually does not happen, and unfortunately, most business owners do not have an end-game. The most common reasons entrepreneurs and business owners lack of long-term planning are: (i) fear of failing in the short-term; (ii) day-to-day operations keep them busy, preventing them from focusing on their long-term goals; (iii) they do not have a clear idea of what to do with their business, specifically whether to sell to management, employees, or a third-party, or pass it on to their children. ... Continue Reading

Non-Emergency Transport Vehicle Issues Under Georgia's Motor Carrier Act

February 06, 2018 BY - - | Commercial Transportation Law

In 2012, the Georgia legislature enacted the Georgia Motor Carrier Act of 2012. One of the stated objectives of the Act was to transfer regulations of motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. See O.C.G.A. 40-1-51. ... Continue Reading

The Exceptional Average Weekly Wage

September 28, 2017 BY - - | Workers Compensation

The importance of accurately calculating the average weekly wage of an injured employee can hardly be overstated. It is used to determine the employee's compensation rate, and, in turn, the ultimate value of his or her 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

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