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Georgia Courts Continue to Uphold "exclusive remedy" Rule Under O.C.G.A. § 33-4-6

July 12, 2019 BY Mary Alice Jasperse | First Party Insurance Law

In Georgia, bad faith claims brought by a policyholder against the insurer are codified by statute specifying the requirements for a policyholder to recover a civil remedy for an insurer's bad faith refusal to pay a valid claim: ... Continue Reading

The Strike Zone's Over Here, Ump! A Multi-Jurisdictional Overview of Recent Coverage and Valuation Issues Arising During Appraisal

July 31, 2018 BY Mary Alice Jasperse | First Party Insurance Law

In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment process forward even in the event of such disputes. Standard appraisal provisions provide that upon a disagreement between the insurer and the insured on the "amount of loss," either party may demand an appraisal. After such a demand is made, each party has a designated time period in which to identify an appraiser. ... Continue Reading

Let the Seller Beware: Owner-financed Mortgages as a Bar to Insurance Coverage

August 02, 2017 BY Mary Alice Jasperse | First Party Insurance Law

Property owners may see many benefits to financing the sale of property themselves, including a higher sale price and a more expedient closing. Many times such owner-financed sale agreements can take the form of "lease to own" transactions in which a landlord-tenant relationship quickly transitions into a seller-buyer relationship. ... Continue Reading

Bias During the Appraisal Process: Are Contingency Fee Agreements Grounds for Appraiser Disqualification?

May 31, 2016 BY Mary Alice Jasperse | First Party Insurance Law

To expedite settlement during the adjustment process, homeowners' insurance policies include an "appraisal clause." This clause provides an avenue for insureds and insurers alike to resolve disagreements over the amount of damages suffered in any given loss. Pursuant to this clause parties each select an appraiser, these appraisers confer, and if they cannot agree, they select an umpire to determine the ultimate settlement amount. Of course, the presumption is that these appraisers are neutral. Otherwise, appraisers cannot be trusted, parties are not removed from their original deadlock and the fighting in the sandbox continues. ... 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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