In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. He granted summary judgment based upon both application and claims misrepresentation. While it is not particularly unusual to have a summary judgment granted for application ... Continue Reading
Evaluating And Preserving Your Subrogation Claim: Five Practice Pointers
What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. Look for the "Waiver of Subrogation" Clause If you are not familiar with these clauses, let me explain. A waiver of subrogation clause is exactly what it sounds like. In more and more contracts now, the parties to the contract will agree to release not only their claims, but the claims of their ... Continue Reading
Broda V. Dziwura: What Has Happened To One-Injury-One-Satisfaction?
Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. See Kroger Co. v. Mays, 262 Ga. App. 339, 664 S.E.2d 818 (2008). However, after a February 8, 2010 opinion issued by the Georgia Supreme Court, the one-injury-one-satisfaction rule has been abridged and curtailed. In Broda v. Dziwura, 2010 Ga. LEXIS 152 (Feb. 8, 2010), the Supreme Court of Georgia unanimously found that “the applicability of the ... Continue Reading
The 1-2-3s Of Structured Annuities
Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income.Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income. The advantages are many to insurers and self-insurers, as well as for Claimants who are concerned about budgeting their settlement over the long-haul, or those that prefer to simply continue receiving checks. But, like any plan that budgets money, structures contain a lot of hidden details and many variables. The following is meant to be a quick primer on the basics of structured ... Continue Reading
New Rules Regarding Tolling Of The Statute Of Limitations In Some Motor Vehicle Accident Related Personal Injury Claims.
In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In Beneke, the Court held that in personal injury cases where a driver has received a traffic citation, the cause of action does not accrue until the prosecution of the citation has become final, or ... Continue Reading
Innocence Lost: The Innocent Co-Insured Doctrine In Georgia
In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. Georgia has a long zigzagging history which went from allowing an innocent co-insured to recover in Richards v. Hanover Insurance, 250 Ga. 613, 299 S.E.2c 561 (1983), to denying recovery in Sales v. State Farm Fire & Casualty Co., 849 F.2d 1383, 1385 ... Continue Reading
Georgia’s Magistrate Courts: A Different Playing Field
As attorneys and claims professionals we are all familiar with the day to day workings of Georgia's State and Superior Courts: the system of complaints, answers, motions practice, written discovery, depositions, jury trials and a "final resolution" on the meritsAs attorneys and claims professionals we are all familiar with the day to day workings of Georgia’s State and Superior Courts: the system of complaints, answers, motions practice, written discovery, depositions, jury trials and a “final resolution” on the merits. The expense and procedure involved with pursuing claims in these Courts often make it impractical to resolve smaller cases and in most cases ... Continue Reading
Subrogation Of Umbi, Personal Injury, And Medical Payments – When Allowed? A State By State Approach
Subrogation arises in equity to ensure the payment of a debt by the one who in justice, equity, and good conscious should ultimately pay. There are two general grounds affording an insurer the right to subrogate a claim. Subrogation arises in equity to ensure the payment of a debt by the one who in justice, equity, and good conscious should ultimately pay. There are two general grounds affording an insurer the right to subrogate a claim. First, there is the “conventional” right of subrogation, which arises under contract between the parties. Second, there is the “legal” right of subrogation, ... Continue Reading
Odds Are, It’s Not “Your” Closing Attorney
In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play...1. INTRODUCTION In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play: (1) the Purchase and Sale Agreement; (2) the buyer’s contract with the lender; (3) the seller’s contract with listing broker; (4) the buyer’s contract with selling broker; (5) the commission agreement between listing broker and selling broker; and (6) the real estate agents’ independent contractor ... Continue Reading
Employer Alert: The EEOC Is Targeting Leave Policies That Violate The ADA
With the passage of the Americans With Disabilities Amendment Act of 2008 ("ADAA"), which expanded coverage of the Americans With Disabilities Act ("ADA" or the "Act"), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. With the passage of the Americans With Disabilities Amendment Act of 2008 (“ADAA”), which expanded coverage of the Americans With Disabilities Act (“ADA” or the “Act”), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. Now more than ever, employers must carefully consider how they ... Continue Reading