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, the resident filed suit on March 3, 2016 against her apartment complex arising out of a trip and fall in the common area of the apartment ... Continue Reading
The Strike Zone’s Over Here, Ump! A Multi-Jurisdictional Overview of Recent Coverage and Valuation Issues Arising During Appraisal
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. 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 ... Continue Reading
Married or Meretricious: A Reaffirmation of the Dependency Benefits Doctrine in Georgia Workers’ Compensation Death Claims by the Georgia Supreme Court in Reynalda Munoz Sanchez v. Allen Carter et al.
Recently, the Georgia Supreme Court was petitioned to revisit its prior ruling in Williams v. Corbett, 260 Ga. 668, 398 S.E.2d 1 (1990), on whether an unmarried partner in a meretricious relationship was eligible to receive dependency benefits pursuant to the Georgia Workers' Compensation Act when his or her unmarried partner passed away as the result of a compensable workplace accident. In its decision to not grant certiorari in Reynalda Munoz Sanchez v. Allen Carter et al., Case No. S18C0408, decided May 7, 2018, the Supreme Court of Georgia applied stare decisis and upheld the decision of the Georgia Court of Appeals in Sanchez v. Carter et al., 343 Ga. App. 187, 806 S.E.2d 638 (2017), ... Continue Reading
Spoliation Law for Workers’ Compensation Claims Handlers
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if a claimant is destroying or hiding any evidence which would impeach the claimant's case? These questions involve the duty to preserve potentially relevant evidence. Spoliation is the intentional, or negligent, destruction of potentially relevant evidence which a party has a duty to preserve. Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if ... Continue Reading
Piercing the Corporate Veil: How to Ensure Your Business’s Debt Does Not Become Your Debt
Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate is to avoid personal liability for their business's obligations. However, the mere fact that you created a separate corporation or limited liability company ("LLC") will not always shield your personal assets from a lawsuit against your company. Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate ... Continue Reading
Fraud in Part, Fraud in Whole?
In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. In the first-party insurance context, most policies provide more than one type of coverage. A homeowner’s policy will usually contain a liability component and a property component, as well as providing different types of ... Continue Reading
Court of Appeals Visits the Issue of Continuous Employment in Two Cases in 2017
During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. In both cases, the Court of Appeals ruled for the Employer/Insurer that the respective employee’s injuries did not occur while in the course and scope of their employment, as they were not on continuous employment. ... Continue Reading
Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries
Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to ... Continue Reading
The Cost of Free Admission: Protection for Landowners under the Recreational Property Act Strengthened by the Georgia Supreme Court
Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. According to a recent decision by the Georgia Supreme Court, however, that free admission could ultimately provide a major benefit to the property owner in the event that a child is injured ... Continue Reading
Spoliation: How Failing to Preserve Evidence Can Spell Disaster for Your Case
Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant's injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is authorized to impose a wide range of sanctions against the offending party. Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant’s injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is ... Continue Reading