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