First appearing in the realm of marine insurance, "Sue & Labor" clauses have gradually made their way into many present day First appearing in the realm of marine insurance, “Sue & Labor” clauses have gradually made their way into many present day property insurance policies. Named for the language originally used, modern sue and labor clauses take many forms and employ such language as “preserve,” “protect” or “save.” A sue and labor clause imposes on an insured the duty to act when a loss occurs to preserve or protect insured property from further damage, and typically provides that reasonably necessary expenses are to be considered incurred at the insurer’s request. “It is the ... Continue Reading
Say What? An Overview Of The Fundamentals Of A Hearing Loss Injury
Many employers across the state of Georgia will never deal with hearing loss injuries. By the very nature of their businesses, Many employers across the state of Georgia will never deal with hearing loss injuries. By the very nature of their businesses, like restaurants, health care systems and trucking companies, there simply is no threat of a noise-producing environment. However, for certain employers, specifically manufacturing plants or other traditionally “noisy” industries, hearing loss injuries can be very costly and the impact a slippery slope as a result of the snowball effect on other employees working in the same environment that otherwise ... Continue Reading
Newly Discovered Evidence: What Was Known, And Should Have Been Known After A Work Injury
The time for an employer/insurer to investigate and determine compensability of a work injury starts ticking as soon as it is known that actual The time for an employer/insurer to investigate and determine compensability of a work injury starts ticking as soon as it is known that actual disability resulted from the injury. See Board Rule 221. Further, an employer/insurer is not granted an exuberant amount of time to perform its investigation. A notice of controvert needs to be filed within twenty-one days of disability generally, and a voluntarily accepted claim cannot be controverted sixty days after indemnity benefits are first ... Continue Reading
Coverage Denials Become More Dangerous For Insurance Carriers In Georgia
In Hoover v. Maxum, Indemnity Company, 2012 Ga. Lexis 570 (June 18, 2012), the Georgia Supreme Court held that an insurance carrier In Hoover v. Maxum, Indemnity Company, 2012 Ga. Lexis 570 (June 18, 2012), the Georgia Supreme Court held that an insurance carrier which denies coverage and refuses to defend a suit against its insured must raise all applicable coverage defenses at the time coverage is denied or risk waiving any defenses which are not raised. Even prior to this decision an outright denial of coverage carried significant risks for an insurer. That is because if a court later ruled that the there was coverage or that the carrier breached its ... Continue Reading