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
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party ... Continue Reading
Damage To A Contractor's Own Work Can Be Within The Definition Of "Occurance" In A CGL Policy But Still May Not Be Covered
On July 12, 2013, the Supreme Court of Georgia issued a ruling in Taylor Morrison Services, Inc. v. HDI-Gerling America Ins. Co., further interpreting and defining the term "occurrence" as used in the context of a "standard" CGL policy. (No. S13Q0462; 2013WL3841555). ... Continue Reading
Georgia Court Of Appeals: Defendants' Maintain Their Right To Contribution For Pre-Trial Settlements
In Zurich American Ins. Co., et al. v. Heard, et al., the Court of Appeals provided clarity to the Georgia Tort Reform statutes and the interplay ... 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.
H. Michael Bagley