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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

Anticipation Of Litigation Protection For Claim Files

January 01, 2012 BY Karen Karabinos | First Party Insurance Law

Once litigation is filed, insured's attorneys regularly serve requests for production of documents seeking the insurance company's entire ... Continue Reading

Month: Can An Insurer Defend A Denial Of A Claim For When The Insured's Damaged Property Was Not Listed In The Insured's Bankruptcy Petition?

January 04, 2009 BY Karen Karabinos | General

ANSWER: YES, DEPENDING ON THE FACTS OF THE CLAIM AND THE STATE WHERE THE CLAIM IS PENDING. ... Continue Reading

Department Of Insurance Changes To Suit Limitations Periods Cannot Be Applied Retroactively

November 02, 2008 BY Karen Karabinos | General

On April 21, 2008, United States District Court Judge Orinda D. Evans held that the emergency regulations issued and subsequently adopted by the Georgia Insurance Commissioner's Office... ... 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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