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Seepage or Leakage: What Coverage Exists for the First 13 Days?

January 27, 2020 BY Karen Karabinos | First Party Insurance Law

Since 2017, several courts have held that the exclusion for damages caused by "seepage or leakage" of water which occurs "over a period of weeks, months, or years" does not bar coverage for damages occurring during the first 13 days. ... Continue Reading

Court Rules Claims Notes Prepared After Anticipation Are Discoverable For Bad Faith Claims But Only After Bifurcation of Claims for Breach of Contract and Bad Faith

July 12, 2019 BY Karen Karabinos | First Party Insurance Law

For decades attorneys for insurance companies and insureds have debated the discoverability of documents contained in the insurer's claims file. Frequently, the debate concerns when an insurer will be required to produce documents prepared in anticipation of litigation. An increasing number of courts are addressing whether claims notes prepared in anticipation in cases must be produced in cases involving bad faith claims. Judge Tilman Self with the Middle District of Georgia ruled in 2018 that such claims notes are discoverable for a bad faith claim, but not for a breach of contract claim, resulting in the bifurcation of the two claims. ... Continue Reading

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

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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