Drew Eckl Farnham Journal image

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 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

One's Company, Two's A Crowd, and Three's Liability: O.C.G.A. § 34-9-2(a)(2) After Wills v. Clay County

July 12, 2019 BY Peter Skaliy | Workers Compensation

The State of Georgia has made even the smallest of small businesses subject to the Workers' Compensation Act. The general rule dictating whether an employer is subject to the Workers' Compensation Act is outlined in O.C.G.A. § 34-9-2(a)(2). Specifically, this statute reads in relevant part, "[t]his chapter shall not apply to... any person, firm, or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this state, unless such employees and employers voluntarily elect to be bound[.]" As a practical matter, this statute is not regularly used as a defense because an employer that has workers' compensation insurance in Georgia elects to be bound by the Workers' Compensation Act. ... Continue Reading

Georgia Court of Appeals Upholds Ruling that Residential Lease May Shorten Time to Bring Personal Injury Claims

July 12, 2019 BY Bartlett Benton | General Liability

In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court's ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. ... 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)

Page 1 of 70
Page