Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances Nonresidents sometimes are subject to suit in this state under the Georgia Long Arm Statute which establishes circumstances when personal jurisdiction exists over such nonresidents. Codified at O.C.G.A. §9-10-91, the Georgia legislature chose very specific circumstances in which it provided for nonresidents to be sued in this state's courts. Despite the language of the statute, which appears to only support specific personal jurisdiction, courts in Georgia sometimes apply notions of general personal jurisdiction in ... Continue Reading
Issues In Forum Selection: Avoiding Federal Abstention In Insurance Coverage Disputes
An insurer has at least three options when presented with a liability claim or suit against an insured: (1) accept the claim and defend the insured if suit An insurer has at least three options when presented with a liability claim or suit against an insured: (1) accept the claim and defend the insured if suit is filed; (2) deny the claim and refuse a defense; or (3) defend the case under a reservation of rights and file a declaratory judgment action seeking a judicial determination that there is no coverage under the specific policy provisions at issue. This article will discuss forum selection issues that may arise when an insurer ... Continue Reading
A “Tank” By Any Other Name: Prior Negotiations And Their Effect On The Establishment Of Coverage
It is an ordinary, run-of-the-mill Wednesday afternoon, and you receive a request for a quote for property coverage. The request contains a description It is an ordinary, run-of-the-mill Wednesday afternoon, and you receive a request for a quote for property coverage. The request contains a description of the proposed insured’s business and its property. Noticeably, the request includes a limitation on the insured’s property, such that only certain items would be covered. After you evaluate the risk, you decide to bind coverage on the property. You then receive a signed application for coverage, but there is ... Continue Reading
Give Me Shelter: Clarifying Home Ownership Issues In Catastrophic Claims
The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to confusion and protracted litigation. In Southern Concrete vs. Spires(A10A1981), the Georgia Court of Appeals recently clarified this issue in an area of first impression for the court. Specifically, they determined whether a Claimant is entitled to complete ownership (“fee simple”) of a wheelchair-accessible home built and paid for by the ... Continue Reading