Drew Eckl & Farnham congratulates Eric R. Mull and Matthew A. Nanninga on being selected to join the Firm's partnership, effective January 1, 2015.Atlanta, GA - January 2015 Drew Eckl & Farnham congratulates Eric R. Mull and Matthew A. Nanninga on being selected to join the Firm’s partnership, effective January 1, 2015. “Matt and Eric have made significant contributions to the firm over the years,” said Jim Anderson, Chairman of the Board for Drew Eckl & Farnham. “They are great additions to our partnership.” Eric R. Mull practices insurance defense litigation, with a focus in the areas of construction defect, ... Continue Reading
UPDATE | CONSTRUCTION LAW | MARCH 2014
Is the Forum Selection Clause* in Your Construction Contract Enforceable?Is the Forum Selection Clause* in Your Construction Contract Enforceable? Written by Brian Thomas Moore The United States Supreme Court recently took a critical stand for subcontractors in the case, Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, which limits the use offorum selection clauses in construction contracts. With this step, the Court upheld the law of 24 states, which will shape the future of forum selection clauses across the country. In Atlantic Marine, a Virginia based general contractor hired a Texas subcontractor, J-Crew ... Continue Reading
Coverage Disputes: The Procedurally Safe Method (And The Method Preferred By Georgia Appellate Courts) Is For The Insurer To Defend Its Insured Under A Reservation Of Rights, And Seek Declaration Of Coverage In Separate Action
In its Southern Guaranty Insurance Company v. Dowse, 278 Ga. 674, 605 S.E. 2d. 27 (2004) decision, the Supreme Court of Georgia expressed to insurers that where coverage is in question, the preferred and procedurally safe method of resolving the dispute is for the insurer to defend its insured under a reservation of rights until the coverage dispute has been resolved. In its Southern Guaranty Insurance Company v. Dowse, 278 Ga. 674, 605 S.E. 2d. 27 (2004) decision, the Supreme Court of Georgia expressed to insurers that where coverage is in question, the preferred and procedurally safe method of resolving the dispute is for the insurer to ... Continue Reading
Atlanta Federal District Court Upholds One-Year Suit Limitation In Mold Case
An Atlanta Federal District Court recently upheld the application of a one-suit limitation to claims involving an allegation of latent damage involving mold in the case of Balkcom v. USAA Casualty Ins. Co. (Civil Action File No.: 1:04-CV-2348-TCB). An Atlanta Federal District Court recently upheld the application of a one-suit limitation to claims involving an allegation of latent damage involving mold in the case of Balkcom v. USAA Casualty Ins. Co. (Civil Action File No.: 1:04-CV-2348-TCB). In that case, the insureds, Mr. and Mrs. Balkcom, had a covered water loss ... Continue Reading