Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income.Structured annuities can be great tools to reduce overall costs of settlement, and still provide the Claimant with a source of ongoing income. The advantages are many to insurers and self-insurers, as well as for Claimants who are concerned about budgeting their settlement over the long-haul, or those that prefer to simply continue receiving checks. But, like any plan that budgets money, structures contain a lot of hidden details and many variables. The following is meant to be a quick primer on the basics of structured ... Continue Reading
New Rules Regarding Tolling Of The Statute Of Limitations In Some Motor Vehicle Accident Related Personal Injury Claims.
In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009), the Georgia Supreme Court re-defined the method for calculating the expiration of the statute of limitations in some personal injury cases. In Beneke, the Court held that in personal injury cases where a driver has received a traffic citation, the cause of action does not accrue until the prosecution of the citation has become final, or ... Continue Reading
Innocence Lost: The Innocent Co-Insured Doctrine In Georgia
In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. In a first party property insurance setting, a question that frequently arises is whether the fraud or misconduct of one insured will bar recovery by other innocent co-insureds. Georgia has a long zigzagging history which went from allowing an innocent co-insured to recover in Richards v. Hanover Insurance, 250 Ga. 613, 299 S.E.2c 561 (1983), to denying recovery in Sales v. State Farm Fire & Casualty Co., 849 F.2d 1383, 1385 ... Continue Reading
Georgia’s Magistrate Courts: A Different Playing Field
As attorneys and claims professionals we are all familiar with the day to day workings of Georgia's State and Superior Courts: the system of complaints, answers, motions practice, written discovery, depositions, jury trials and a "final resolution" on the meritsAs attorneys and claims professionals we are all familiar with the day to day workings of Georgia’s State and Superior Courts: the system of complaints, answers, motions practice, written discovery, depositions, jury trials and a “final resolution” on the merits. The expense and procedure involved with pursuing claims in these Courts often make it impractical to resolve smaller cases and in most cases ... Continue Reading