Journal

When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides no coverage for a loss usually results in litigation. Insurance carriers are wise to ensure that the case is strong before proceeding down the path of rescission. This article provides guidance on which ducks to align, attractive pitfalls to avoid when building a case for rescission, and recent decisions discussing these topics.                Under Georgia law, a statement made in an insurance application must be one of the ... Continue Reading

Have you wondered what the difference between a Last Will and Testament and a Trust (Revocable orIrrevocable) is, and if one is better than the other? We get this question frequently, and the answer is that itdepends on your situation and your goals.Last Will and TestamentA Last Will and Testament is a document you create during your lifetime that directs where your assets thatare subject to probate (the formal process of having your assets distributed through the court system) willgo at your death. Your Will is only effective at your death; it does not have any power if you areincapacitated but still alive. A Will does not avoid probate, but rather makes sure that your assets go to ... Continue Reading

Imagine this scenario if you will: opposing counsel has blown their thirty (30) day deadline, pursuant to Georgia’s Uniform Superior Court Rule 6.2, to serve a response to your dispositive motion. Cheers to you! Is it now time to notify the court of opposing counsel’s inexplicable and egregious failure to timely respond to your dispositive motion? Unfortunately, thanks to O.C.G.A. § 9-11-6(e), the answer is no. O.C.G.A. § 9-11-6(e) states, in pertinent part, Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served ... Continue Reading

JOURNAL VOLUME 34 NO. 200 The Doctrine of Res Ipsa Loquitor and its Application to Personal Injury Cases  Even those with a cursory knowledge of the legal system understand that evidence is crucial to any case. But what most people do not know is that the absence of evidence can be just as important. O.C.G.A § 24-14-9 provides that “[i]n arriving at a verdict, the jury, from facts provide, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.” (Emphasis added). One particular application of this principle is the Georgia doctrine of “res ipsa loquitur,” meaning “the thing speaks for ... Continue Reading

Even those with a cursory knowledge of the legal system understand that evidence is crucial to any case. But what most people do not know is that the absence of evidence can be just as important. O.C.G.A § 24-14-9 provides that “[i]n arriving at a verdict, the jury, from facts provided, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.” (Emphasis added). One particular application of this principle is the Georgia doctrine of “res ipsa loquitur,” meaning “the thing speaks for itself.”   “Res ipsa loquitur is a rule of evidence to be applied in cases where there is no evidence of ... Continue Reading

Following an employer’s commencement of weekly benefits to a claimant in connection with a “compensable” work injury, the Workers’ Compensation Act describes some of the limited scenarios which permit the employer to subsequently and unilaterally suspend such benefits without a hearing before an Administrative Law Judge.  Collectively, O.C.G.A. § 34-9-221, O.C.G.A. § 34-9-240, and Board Rule 221 list the more common justifications for the unilateral suspension of such benefits, which include: (1) an actual return to work, (2) an opinion from the Authorized Treating Physician releasing the claimant to regular duty, or (3) the claimant’s unjustified refusal of suitable, limited duty ... Continue Reading

A key component in an estate plan is the Georgia Advanced Directive for Health Care. This document allows you to name the people who have access to your medical information and who may make decisions about your medical care in the event you cannot. Upon attaining the age of 18 and becoming a legal adult, a parent cannot make medical decisions or gain access to your medical records. In the event of an emergency, it is important that health care professionals know who to contact. The Georgia Advanced Directive for Health Care appoints an agent, or agents, to act on your behalf. Any agent named must act in your best interests but is allowed access to your medical information without violating ... Continue Reading