His resume looked great and his interview was terrific. As soon as he left the room, you made the decision to hire him immediately.His resume looked great and his interview was terrific. As soon as he left the room, you made the decision to hire him immediately. Fast-forward seven months. Your employee is simply not pulling his weight on the job and you need to fire him. You sit down with your Human Resources manager to review his file, which you expect to contain various written warnings about job performance and perhaps a negative review. But his file is empty. Do you go ahead and fire him anyway? Or, do you keep him on the payroll for a while longer until you can document his ... Continue Reading
Long Standing Subrogation Rights Affirmed
The Georgia Court of Appeals recently confirmed that subrogation rights will not pass to an insurer until payment under the policy has been made.The Georgia Court of Appeals recently confirmed that subrogation rights will not pass to an insurer until payment under the policy has been made. In the case of Auto Owners Ins. Co. v. Parks, the Georgia Court of Appeals considered whether an insurer has standing to pursue subrogation, even though it had not made payment under the policy. Auto Owners Ins. Co. v. Parks, 2006 Ga. App. LEXIS 343, *1 (Ga. Ct. App. Mar. 24, 2006). Auto Owners was sued by its insured, Grant Stepp Equipment, to collect on an insurance ... Continue Reading
Board Forms: A Refresher
Workers' Compensation is a very form-driven area of the law. Almost every action the Employer/Insurer takes is required to be documented via some board form.Workers’ Compensation is a very form-driven area of the law. Almost every action the Employer/Insurer takes is required to be documented via some board form. Thus, it is very important to ensure that all board forms are correctly and timely filed. This is especially true since recent cases indicate a trend toward strict technical compliance with the Board rules regarding form filings and notice given to employees. Employers, adjusters, and attorneys file numerous board forms every day. Thus, many become so used to filing forms by ... Continue Reading
The Continuous Employment Doctrine: An Ever-Expanding Pitfall For Employers
As a general rule, an accident which occurs while an employee is going to, or coming from, work, is not compensable in workers' compensation. As a general rule, an accident which occurs while an employee is going to, or coming from, work, is not compensable in workers’ compensation. A notable exception to this general rule is the concept of “continuous employment”, which signficiantly broadens the scope of employment for traveling employees and on-call employees. Mayor and Aldermen of the City of Savannah v. Stevens, 261 Ga. App. 694, 583 S.E. 2d 553 (2003); Amedysis Home Health, Inc. v. Howard, 269 Ga. App. 656, 605 S.E. 2d 60 (2004). Recently, in Ray Bell Construction Company v. King, ... Continue Reading
Tennessee Formally Adopts New Limitations To Coverage For Increased Cost Of Repair: Chattanooga Bank Associates V. Fidelity And Deposit Company Of Maryland
Insurers are generally presented with claims seeking reimbursement for the increased cost of repair or cost of code upgrades. However, sophisticated insureds often attempt to obtain coverage for the "increased cost of repair" to non-damaged property, arguing that "concurrent causation" principles apply. The "concurrent causation" doctrine creates coverage in a situation where a non-excluded cause is a substantial factor in producing the damage or injInsurers are generally presented with claims seeking reimbursement for the increased cost of repair or cost of code upgrades. However, sophisticated insureds often attempt to obtain coverage for the “increased cost of repair” to ... Continue Reading
Insurance Commissioner Issues Emergency Rule Regarding Suit Limitations Contained In Policies
On February 20, 2006, John W. Oxendine, Georgia's Insurance and Safety Fire Commissioner, issued a "Notice of Emergency Rulemaking" changing the one-year suit limitations contained in fire policies to four years.On February 20, 2006, John W. Oxendine, Georgia’s Insurance and Safety Fire Commissioner, issued a “Notice of Emergency Rulemaking” changing the one-year suit limitations contained in fire policies to four years. Until now, insurers have been permitted to include in their policies a one-year suit limitation requiring that the insured must file suit or an action with 12 months of the date of the loss. The change to a four-year suit limitation will severely lengthen ... Continue Reading
What Does Compensable Mean In Georgia?
"Have indemnity benefits been paid?" Often this is the first and only question people ask when evaluating whether a claim is compensable. There appears to be a misconception that compensable claims are established only by the voluntary commencement of indemnity benefits.“Have indemnity benefits been paid?” Often this is the first and only question people ask when evaluating whether a claim is compensable. There appears to be a misconception that compensable claims are established only by the voluntary commencement of indemnity benefits. However, a workers’ compensation claim in Georgia can be deemed compensable by one of two ways: voluntary payment of indemnity benefits or ... Continue Reading
The Americans With Disabilities Act: A Private Entity’s Duty To Avoid Discrimination Against Disabled Customers And Clients
The Americans With Disabilities Act of 1990 (hereinafter "the ADA") was promulgated to eliminate discrimination against individuals with disabilities. The legislation has undeniably impacted American businesses.The Americans With Disabilities Act of 1990 (hereinafter “the ADA”) was promulgated to eliminate discrimination against individuals with disabilities. The legislation has undeniably impacted American businesses. Many businesses are familiar with the ADA as it applies to employment discrimination against disabled individuals. However, fewer businesses are as familiar with the provisions under Section 302 of Title III of the ADA which prohibits discrimination against ... Continue Reading
Is Your Indemnity All You Expect It To Be?
Indemnity agreements don't always produce the results the drafters desire. Indemnity language can be very tricky, and drafting the perfect indemnity requires not only good drafting skills but an understanding of Georgia courts interpretation of indemnity language.Indemnity agreements don’t always produce the results the drafters desire. Indemnity language can be very tricky, and drafting the perfect indemnity requires not only good drafting skills but an understanding of Georgia courts interpretation of indemnity language. For instance, broadly drafted agreements will not require party X to indemnify party Y for party Y’s own negligence absent express language; however, if you ... Continue Reading
Insurer Ordered To Disclose Reserve Information
Departing from the majority rule, a federal court recently held that an insurer must disclose reserve information. Maiden Creek T.V., Appliance, Inc. v. General Casualty Insurance Company, 2005 U.S. Dist. Lexis 14693 (E.D. Pa. 2005).Departing from the majority rule, a federal court recently held that an insurer must disclose reserve information. Maiden Creek T.V., Appliance, Inc. v. General Casualty Insurance Company, 2005 U.S. Dist. Lexis 14693 (E.D. Pa. 2005). In this case the insured brought an action against its insurer for breach of contract, bad faith, and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The insured filed a claim under its insurance ... Continue Reading