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Fool Me Once: Recent Decision Upends Application Of Misrepresentation Clause Of Insurance Policies

July 02, 2010 BY Benson Ward | General

A recent decision from the Southern District of Georgia casts uncertainty on seemingly well-settled legal principles concerning the preclusion of coverage resulting from an insured's material misrepresentations. ... Continue Reading

Pocketful Of Kryptonite: Court Of Appeals Finds No Superadded Injury Where Treatment Was Unauthorized And Not Reasonable

July 03, 2009 BY Benson Ward | General

A compensable work injury is rarely a simple matter. In addition to the many issues that arise regarding the treatment of the injury and the return of the claimant to the workforce, there is the potential for complication when an injured part affects and incapacitates another part that was not affected in the underlying accident. ... Continue Reading

The Property Corner Question of the Month:

March 06, 2009 BY Benson Ward | General

WHAT CONSTITUTES VACANCY IN ORDER TO EXCLUDE A PROPERTY CLAIM? ... Continue Reading

No Midnight Train To Georgia: Legal Defenses And Practical Solutions To Claimant's Request To Depose An Out-Of-State Adjuster

September 02, 2008 BY Benson Ward | General

Partly thanks to the benefit of technological advances, it is now common for adjusters to handle workers' compensation claims from separate parts of the country. ... Continue Reading

Debt Relief, But No Free Ride -- Filing Bankruptcy Does Not Excuse An Insured From Failing To Comply With Duties Under The Policy

September 01, 2007 BY Benson Ward | General

Many first party insurers are reporting a rise in bankruptcy filings and adversary proceedings in bankruptcy among their insureds, and this trend is not likely to alter in the near future given the economic outlook of the real estate market. ... 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)

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