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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

First Party Property Div Claim: Federal District Court In Georgia Declines Request For Declaration That State Farm Homeowners Policies Provide Coverage For Future Div Claims

August 03, 2015 BY Eric Mull | First Party Insurance Law

The decision in John Thompson v. State Farm Fire and Casualty Co., No. 5:14-CV-32 (MTT) (M.D. Ga. May 14, 2015) reflects yet another effort by policyholders to benefit from ... Continue Reading

Forum Selection Clauses In Construction Contracts- Enforceable Or Not?

September 02, 2014 BY Eric Mull | Construction Law

Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the ... Continue Reading

A Contractor's Own Work: An "Occurrence" Under A CGL Policy?

September 01, 2013 BY Eric Mull | Insurance and Reinsurance Law

Insurance adjusters and contractors need to be aware of the divergent applications of the "your work" exclusion based upon the jurisdiction in which a case is being litigated. ... Continue Reading

How To Avoid The Pitfalls Of Pre-Suit Investigation By An Independent Adjuster

September 03, 2012 BY Eric Mull | Insurance and Reinsurance Law

The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let's say a car accident, the claim is reported ... 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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