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
The Scope Of Discovery Pursuant To The Statutory Amendment To O.C.G.A. § 34-9-207.
There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. There is no dispute that every individual is entitled to a certain degree of privacy in his medical history and medical records. However, often times, one’s medical history is a crucial factor in assessing the compensability of a workers’ compensation claim and a free exchange of information was certainly facilitate that. Therefore, it seems reasonable that a fixed rule limiting discovery into one’s medical history would not be appropriate in workers’ ... Continue Reading
Mediating Workers’ Compensation Claims: Practice And Procedure
The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. The benefits of mediation are well documented which is why it has become such popular form of dispute resolution. It is particularly beneficial in workers’ compensation cases as mediation provides the parties a civil atmosphere in which to discuss their differences and resolve issues efficiently as they arise. Mediations at the State Board can be conducted to resolve medical issues and rehabilitation issues but, is primarily used and, is most effective, in settlement of claims. Settlement mediations ... Continue Reading
Holding The Bag And Other Worthwhile Endeavors: The Standing Of Judgment Creditors In Bankruptcy
After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. After a lengthy and costly legal brawl, you've obtained a monetary judgment against a back-sliding individual defendant. Let's call him Marley Bankrupt. During litigation, you learned that Marley works as the manager of a small company, enjoys a nice salary, and owns a pair of vehicles. With excitement, you instruct your attorney (Ms. S.K. Rouge) to begin preparing post-judgment collection documents, including bank garnishments and wage ... Continue Reading
Dekalb County Board Of Education V. Singleton: Revisiting The Compensability Of Psychological Injuries In Workers’ Compensation Cases
Georgia Employer's routinely encounter workers' compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. Georgia Employer’s routinely encounter workers’ compensation claims seeking lost-time benefits and/or medical treatment for alleged psychological injuries. While it is well established that a psychological injury must be preceded by or accompanied by a physical injury, the types of psychological injuries that are compensable and the evidence required to prove such injuries is far less clear. The ... Continue Reading