Georgia businesses are one step closer in their quest to change state law governing covenants against competition contained in employment agreements. Georgia businesses are one step closer in their quest to change state law governing covenants against competition contained in employment agreements. On the final day of Georgia’s legislative session, the Senate unanimously approved a proposal asking voters to amend the Georgia Constitution to allow the General Assembly to set standards governing covenants against competition. As many employers already ... Continue Reading
Question: Does Sending A Demand For Proof Of Loss To An Insured’s Attorney Satisfy Policy And/Or Statutory Requirements?
ANSWER: THE LAW VARIES. AS A RESULT, AN INSURER MUST SEND A DEMAND FOR PROOF OF LOSS BOTH DIRECTLY TO THE INSURED AND TO THE INSURED'S COUNSEL.ANSWER: THE LAW VARIES. AS A RESULT, AN INSURER MUST SEND A DEMAND FOR PROOF OF LOSS BOTH DIRECTLY TO THE INSURED AND TO THE INSURED’S COUNSEL. The requirement that an insured produce a sworn proof of loss prior to bringing suit for the recovery a claim is an invaluable defense tool as it timely provides an insurer with detailed information regarding the substance of the claim and prevents an insured from prematurely bringing a claim. While the basis for this requirement ... Continue Reading
How Late Is Too Late To File For Catastrophic Benefits? Case Update On The Wc-R1catee And The Change Of Condition Statute
Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. Under O.C.G.A. § 34-9-104(b), a claim recommencing benefits for a change of condition is time-barred if it is not filed within two years from the last payment of income benefits. While is usually straightforward, it certainly has not been in the context of when a request for catastrophic designation has been filed by a Claimant in the months and years after benefits were originally cut ... Continue Reading
Fool Me Once: Recent Decision Upends Application Of Misrepresentation Clause Of Insurance Policies
A recent decision from the Southern District of Georgia casts uncertainty on seemingly well-settled legal principles concerning the preclusion of coverage resulting from an insured's material misrepresentations.A recent decision from the Southern District of Georgia casts uncertainty on seemingly well-settled legal principles concerning the preclusion of coverage resulting from an insured’s material misrepresentations. InScott v. Allstate Prop. & Cas. Ins. Co., 2010 U.S. Dist. LEXIS 30417 (S.D. Ga. 2010), reconsideration denied byScott v. Allstate Prop. & Cas. Ins. Co., 2010 U.S. Dist. LEXIS 37629 (S.D. Ga. 2010), the insured’s Georgia home was damaged in ... Continue Reading
Choose Your Adventure: New Case Explains Contractor Prong In Statutory Employer Cases For Owners Who Are Also Contractors
With the number of subcontractors required to complete construction projects, it has become all too common that one of those subcontractors may not have workers' compensation coverage for their employees. With the number of subcontractors required to complete construction projects, it has become all too common that one of those subcontractors may not have workers’ compensation coverage for their employees. When an injury occurs to an employee of such an uninsured subcontractor, O.C.G.A. § 34-9-8 provides that the principal contractor may be responsible for workers’ compensation benefits to that injured worker as a ... Continue Reading