Negligent security cases can be very costly to defend and the damages can be steep. An insurer needs to know whether it has issued a policy that effectively excludes these types of losses. Negligent security cases can be very costly to defend and the damages can be steep. An insurer needs to know whether it has issued a policy that effectively excludes these types of losses. This can be difficult because Georgia Courts self-admittedly favor coverage for the insured if it can detect any ambiguity in the policy’s exclusions. Recently, in Hudson Specialty Ins. Co. v. Snappy Slappy, LLC, the Middle District of Georgia corrected a judgment because it had strained to find ... Continue Reading
Workers’ Compensation Claimants and Incarceration: Before, After, and Way After Conviction
Workers' compensation claims and injuries do not exist in a vacuum; they affect real people who often have real problems outside of their work injury. Workers’ compensation claims and injuries do not exist in a vacuum; they affect real people who often have real problems outside of their work injury. Often, claims professionals are called upon to interpret what an incarceration or conviction means to a claimant who is or could be receiving workers’ compensation benefits. Although the interplay between the workers’ compensation system and the criminal system is complicated, remembering a few general rules can help you make the right decisions. Innocent Until Proven Guilty If a workers’ ... Continue Reading
Last Injurious Exposure in Workers’ Compensation Asbestos Claims in Georgia
In Georgia, when an occupational disease claim is compensable under the Act, O.C.G.A §34-9-284 places sole liability on the employer and its' insurance carrier, if any, where the employee was last injuriously exposed to the hazards of the disease. The Act excludes any right of contribution from any prior employer or insurance carrier. In Georgia, when an occupational disease claim is compensable under the Act, O.C.G.A §34-9-284 places sole liability on the employer and its’ insurance carrier, if any, where the employee was last injuriously exposed to the hazards of the disease. The Act excludes any right of contribution from any prior employer or insurance carrier. In a very recent ... Continue Reading
Georgia Court of Appeals Upholds Ruling that Residential Lease May Shorten Time to Bring Personal Injury Claims in 2019
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. 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 ... 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
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’ ... Continue Reading
Georgia Courts Continue to Uphold “exclusive remedy” Rule Under O.C.G.A. § 33-4-6
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: 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: In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in ... Continue Reading
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
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. For decades attorneys for insurance companies and ... Continue Reading
Dual Coverage for Workers’ Compensation Insurance Under a Voluntary Policy and Assigned Risk Plan in Georgia
Georgia employers are required by law to retain workers' compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several employers are unable to obtain workers' compensation coverage in the standard insurance market. Fortunately, every state provides employers an opportunity to acquire workers' compensation insurance through a Workers' Compensation Assigned Risk Plan, Pool, or Residual Market. Georgia employers are required by law to retain workers’ compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several ... Continue Reading
Georgia Mandates Notification Requirements for Data Breaches
In light of the increasing cyber data breaches over the last couple of years, Georgia companies must be aware of the legal requirements that are triggered a company discovers or reasonably believes that a breach in the security of the unencrypted personal information data of any Georgia resident has occurred. O.C.G.A. § 10-1-912. In light of the increasing cyber data breaches over the last couple of years, Georgia companies must be aware of the legal requirements that are triggered a company discovers or reasonably believes that a breach in the security of the unencrypted personal information data of any Georgia resident has occurred. O.C.G.A. § 10-1-912. Not all companies are subject ... Continue Reading
State and Federal Courts Continue to Reject Public Policy Challenges to Arbitration Clauses
Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision, a party sought to avoid arbitration by advancing arguments against arbitration based on public policy. The courts rejected these public policy type arguments, making it more difficult for a party to avoid arbitration when there is an arbitration clause that covers the suit or claim. Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision, a party sought to avoid ... Continue Reading