What happens when an employer has a worker's compensation lien, the injured employee then sues thetortfeasor in state court, but the case get removed to federal court on diversity grounds? Can the employer intervene? What if intervention would destroy the complete diversity requirement for federal court jurisdiction? Can the employer still recover on its' lien?What happens when an employer has a worker’s compensation lien, the injured employee then sues thetortfeasor in state court, but the case get removed to federal court on diversity grounds? Can the employer intervene? What if intervention would destroy the complete diversity requirement for ... Continue Reading
When “Bring Your Gun To Work” Comes To Your Workplace: Practical Tips For Conducting Employee Searches
At some point, the shadow of employee misconduct crosses over every employer. Such misconduct can take on many forms, from employee theft to drug and alcohol use on-the-job.At some point, the shadow of employee misconduct crosses over every employer. Such misconduct can take on many forms, from employee theft to drug and alcohol use on-the-job. Given the wide range of improper activities that employees may engage in, which may in turn give rise to significant liability for employers, prudent employers are interested in protecting themselves. As such, the question that consistently arises is: what methods can an employer use to monitor its employees? This ... Continue Reading
Recent Rulings In Hurricane Katrina Claims Could Prove Extremely Detrimental To Insurers
Judge L.T. Senter is the sole federal judge presiding over Hurricane Katrina claims in the Southern District of Mississippi and his recent rulings in these cases could spell a world of trouble for insurers. Judge L.T. Senter is the sole federal judge presiding over Hurricane Katrina claims in the Southern District of Mississippi and his recent rulings in these cases could spell a world of trouble for insurers. In these hurricane loss claims, much of the dispute centers around what portion of the insured’s loss is covered wind damage and what portion was caused by flooding excluded under their homeowners ... 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