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