Volume 19 No. 110 March 2007

The firm recently obtained a very notable victory before the Georgia Court of Appeals in the case of Reliance Electric Co. v. Brightwell.The firm recently obtained a very notable victory before the Georgia Court of Appeals in the case of Reliance Electric Co. v. Brightwell.  This Court of Appeals decision is favorable for employer/insurers inasmuch as it confirms the principle that substance should take precedence over form in regard to the employer/insurer’s burden of establishing a change in condition for the better. The primary issue before the Court of Appeals was whether the failure to provide a claimant with ten days notice prior to the suspension of benefits ... Continue Reading

In 2006, operating under enabling rules, Georgia Insurance Commissioner John Oxendine revised the Standard Fire Insurance Policy for the purpose of expanding the twelve month suit limitation.     In 2006, operating under enabling rules, Georgia Insurance Commissioner John Oxendine revised the Standard Fire Insurance Policy for the purpose of expanding the twelve month suit limitation.      O.C.G.A. § 33-32-1 establishes the “Standard fire policy,” requiring that no fire policy issued shall fail to conform to all provisions of the “sequence of the standard uniform form prescribed by the ... Continue Reading

Georgia law requires any individual or entity that may bring a claim against a government entity to provide that government entity with notice (ante litem notice) of the potential claim prior to filing of the suit or claim.            Georgia law requires any individual or entity that may bring a claim against a government entity to provide that government entity with notice (ante litem notice) of the potential claim prior to filing of the suit or claim.  The ante litem notice must be served on the government entity per statutory specifications and must be served within the statutory time frame.  In Georgia, three ... Continue Reading