What happens when an employer has a worker's compensation lien, the injured employee then sues thetortfeasor in state court, but the case get removed to federal court on diversity grounds? Can the employer intervene? What if intervention would destroy the complete diversity requirement for federal court jurisdiction? Can the employer still recover on its' lien? ... Continue Reading
When "Bring Your Gun To Work" Comes To Your Workplace: Practical Tips For Conducting Employee Searches
At some point, the shadow of employee misconduct crosses over every employer. Such misconduct can take on many forms, from employee theft to drug and alcohol use on-the-job. ... Continue Reading
Judge L.T. Senter is the sole federal judge presiding over Hurricane Katrina claims in the Southern District of Mississippi and his recent rulings in these cases could spell a world of trouble for insurers. ... Continue Reading
Coverage Disputes: The Procedurally Safe Method (And The Method Preferred By Georgia Appellate Courts) Is For The Insurer To Defend Its Insured Under A Reservation Of Rights, And Seek Declaration Of Coverage In Separate Action
In its Southern Guaranty Insurance Company v. Dowse, 278 Ga. 674, 605 S.E. 2d. 27 (2004) decision, the Supreme Court of Georgia expressed to insurers that where coverage is in question, the preferred and procedurally safe method of resolving the dispute is for the insurer to defend its insured under a reservation of rights until the coverage dispute has been resolved. ... 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