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Georgia Mandates Notification Requirements for Data Breaches

May 31, 2019 BY Karen Karabinos | Cyber Insurance and Data Privacy

In light of the increasing cyber data breaches over the last couple of years, Georgia companies must be aware of the legal requirements that are triggered a company discovers or reasonably believes that a breach in the security of the unencrypted personal information data of any Georgia resident has occurred. O.C.G.A. ยง 10-1-912. ... Continue Reading

Can An Insured "Losing" His Cellphone Constitute Spoliation of the Evidence?

March 30, 2018 BY Karen Karabinos | First Party Insurance Law

Insurance companies investigating fraudulent claims often seek an insured's cell phone on the grounds that the data contained therein is material to its coverage investigation. The GPS data on the insured's phone may provide evidence regarding the insured's location at the time of the loss. The text and call history could also provide information helpful to the fraud investigation. Realizing the potential incriminating evidence that could be obtained through his cell phone, an insured might "lose" his cell phone. What consequences might a court assess because of an insured losing his cellphone or otherwise failing to preserve the cellular data? A federal court has answered that question, holding the insured can be sanction for spoliation of the evidence. ... Continue Reading

Georgia Court of Appeals Defines What Constitutes "Customary Operations" of a Building Owner

January 03, 2017 BY Karen Karabinos | Subrogation

Vacancy exclusions found in insurance policies issued to owners of commercial buildings typically provide that a building is vacant unless at least 31% of its total square footage is (i) rented to a lessee or sub-lessee and used b the lessee or sub-lessee to conduct its customary operations; and/or (ii) used by the building owner to conduct its customary operations. ... Continue Reading

Can An Insured's Execution of An Authorization for Release of Information Satisfy A Insured's Duties Following A Loss?

October 18, 2016 BY Karen Karabinos | First Party Insurance Law

Under Georgia law, "[a]n insurer is entitled to require its insured to abide by the policy terms, and the insured is required to cooperate with the insurer in investigation and resolution of the claim."... ... Continue Reading

Rising Roof Claims Causing Courts To Address Numerous Coverage Issues

May 31, 2016 BY Karen Karabinos | First Party Insurance Law

With the rise of the number of roofing claims being filed with insurance companies over the past two years, the Courts are now issuing opinions addressing various coverage issues raised in these types of claims. Judge Lisa Wood of the Brunswick Division of Georgia's Southern District Court recently considered the validity of the insurance company's denial of interior water damage based, in part, on the exclusion for damages caused by faulty workmanship of roofers who were in the process of installing a new roof and the viability of the insured's claims that the insurer waived its defenses. Mock v. Central Mutual Insurance Company, ___ F.3d ___ (S.D., Ga., Brunswick, 2:14-cv-00113-LGW-RSB, January 25, 2016). The Court not only addressed the validity of those defenses, it addressed issues concerning possible waiver of those defenses and the extent of an adjuster's affidavit testimony that can be admitted. ... 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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