In the recent case of Bell v. Liberty Mutual Fire Insurance Company., S.E.2d, 2012, 12 FCDR 4011 (Ga.App. Nov. 30, 2012) the insureds (the Bells) challenged In the recent case of Bell v. Liberty Mutual Fire Insurance Company., S.E.2d, 2012, 12 FCDR 4011 (Ga.App. Nov. 30, 2012) the insureds (the Bells) challenged an appraisal award that favored Liberty Mutual. The Bells’ home was damaged by fire on April 26, 2008. They submitted a claim to Liberty Mutual for the policy limits of their dwelling and personal property. Pursuant to the its ... Continue Reading
In Default? It May Not Be A Death Sentence
A default judgment occurs were a defendant does not timely answer a complaint filed against it. The time for filing an answer is 30 days after service of VOLUME 25, NO. 145 JANUARY 2013 A default judgment occurs were a defendant does not timely answer a complaint filed against it. The time for filing an answer is 30 days after service of process. While the default is automatic after the 30 days, Georgia allows for a 15 day grace period, during which time default may be opened as a matter of right. After that 45 days, default can be opened only by order of the trial ... Continue Reading
“Ex Parte” Communications With Doctors In Workers’ Compensation Cases: The Supreme Court Of Georgia Stops The Madness In Arby’s V. Mcrae
In 2011, the Georgia Court of Appeals issued its opinion in McRae v. Arby's Rest. Group, holding that the State Board of Workers' Compensation In 2011, the Georgia Court of Appeals issued its opinion in McRae v. Arby’s Rest. Group, holding that the State Board of Workers’ Compensation lacked authority to order a claimant to sign a patient authorization allowing her employer’s attorney to engage in so-called “ex parte” communications with her authorized treating physician. The impact on workers’ compensation litigation was immediate. Some physicians refused to respond to written questionnaires sent by defense attorneys. Certain claimant’s ... Continue Reading
Recovery Of Diminution In Value For First Party Property Claims In Georgia
The decision in Royal Capital Development v. Maryland Casualty, 728 S.E. 2d 234 (Ga. 2012) is landmark. The decision in Royal Capital Development v. Maryland Casualty, 728 S.E. 2d 234 (Ga. 2012) is landmark. A. Factual background: The facts we know are very limited. A commercial property in the Atlanta area was allegedly damaged due to construction work on an adjacent property. The only damages detailed in any of the opinions describe cracks observed in floor ... Continue Reading
Q: When Is A Co-Worker Not A Co-Worker? A: When He Shoots A Fellow Employee In The Leg
The Supreme Court of Georgia Approves an Injured Employee's Tort Suit The Supreme Court of Georgia Approves an Injured Employee’s Tort Suit Against his Injury-Causing Co-Worker In the recent Georgia Supreme Court case of Smith v. Ellis, 731 S.E. 2d 731 (2012), the Court took up the issue of whether an injured employee, after settling a disputed workers’ compensation claim on a no-liability basis, can later sue his injury-causing co-worker. Smith and Ellis were employed by a Georgia homebuilder and decided one sunny February afternoon to get together during work hours so the two could shoot guns Ellis recently purchased. Smith and Ellis decided to meet at an ... Continue Reading
Ecm’s And Spoliation: The Importance Of An Accurate Record
The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the “destruction of evidence necessary to pending or contemplated litigation.” When a party destroys or significantly alters evidence, trial courts have wide discretion to fashion sanctions on a case by case basis. After concluding that a party has spoliated evidence, the Court must consider five factors when ... Continue Reading
Lookin’ For Work In All The Wrong Places: Status Of Claimant’s Maloney Burden After Ogletree And Maughon
In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, In two cases within the past year, the Court of Appeals has returned to the framework laid down inMaloney v. Gordon County Farms, 265 Ga. 825, 462 SE2d 606 (1995), to examine whether claimants have conducted diligent job searches. As established in Maloney, the claimant in a change of condition case must prove that he “suffered a loss of earning power as a result of a compensable work-related injury; continues to suffer physical limitations attributable to that injury; and has made a diligent, but unsuccessful effort to secure suitable employment ... Continue Reading
Leaky Pipes, Construction “Accidents”, And “Occurrences”: Plugging The Holes In Georgia Commercial General Liability Policies
In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience In the piney woods of south Georgia, one of the countless roadside motels along Interstate 75 was recently renovated to create a grand new hotel experience – The Royal Bohemian Lodge. As is common in construction, the general contractor for the hotel contracted with a number of trades to complete different projects associated with the renovation. One of the subcontractors, Temple Potter Plumbing, subcontracted the installation of piping to Johnny Rocco. As ... Continue Reading
How To Avoid The Pitfalls Of Pre-Suit Investigation By An Independent Adjuster
The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let's say a car accident, the claim is reported The facts are routine – a set of circumstances you know well. An accident of some sort occurs, let’s say a car accident, the claim is reported, and an adjuster is assigned to investigate the loss. So far, so good - a prompt response by the insurer. The investigation moves forward and no stone is left unturned as the investigator makes every effort to understand the cause of the accident and the resulting damages. As part of the investigation, routine measurements are taken, interviews are ... Continue Reading
Facebook And Fraud: A Guide To Investigating Social Media During Insurance ClaimsFacebook And Fraud: A Guide To Investigating Social Media During Insurance Claims
Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs Whether you are updating your status on MySpace or Twitter, posting an embarrassing video of your friend in Vegas on YouTube, uploading photographs of your vacation on Instagram or Flickr, networking on LinkedIn or checking in with FourSquare or Facebook, chances are you interact with social media on a daily basis. Social networking websites permeate our internet-based culture, with Facebook leading the way with approximately 550 million daily users and 955 million monthly users (Facebook Newsroom, Key Facts, Statistics, last viewed on August ... Continue Reading