Beginning January 1, 2009, changes to uninsured/underinsured motorist coverage (herein UM coverage) went into effect to allow the option for stacking of UM coverage Beginning January 1, 2009, changes to uninsured/underinsured motorist coverage (herein UM coverage) went into effect to allow the option for stacking of UM coverage. The stated intent of the bill passed by the Georgia Senate in March 2008 was “to change the definition of “uninsured motor vehicle” to allow uninsured motorist coverage to be stacked with other available liability coverages.” Senate Bill 276. This stacking ... Continue Reading
Workers’ Compensation Subrogation Claims From The Perspective Of A Liability Carrier
This paper is intended to be a refresher on workers' compensation subrogation claims in the context of liability cases. This paper is intended to be a refresher on workers’ compensation subrogation claims in the context of liability cases. While the issues are fairly straightforward, there are several practical considerations to remember in a case where your insured is sued by someone who has been paid workers’ compensation benefits. For example, consider a case where you insure ABC trucking company. One of its drivers was in an accident with the driver of XYZ company in the course and scope of employment. The driver for XYZ is ... Continue Reading
Apportionment Against Parties And Non-Parties Under O.C.G.A. § 51-12-33
In 2005, the Georgia General Assembly amended O.C.G.A. § 51-12-33, the statute governing joint liability among tortfeasors. The amended statute arguably In 2005, the Georgia General Assembly amended O.C.G.A. § 51-12-33, the statute governing joint liability among tortfeasors. The amended statute arguably abolished joint and several liability in favor of mandatory apportionment amongst all parties – plaintiffs, defendants, and non-parties alike. A. How the Statute Works The statute establishes a four-part procedure for apportioning ... Continue Reading
A Constitutional Attack On Florida’s 104 Week Cap For TTD
On February 28, 2013, the District Court of Appeal of Florida, First District, ruled that the 104 week limit on temporary total disability On February 28, 2013, the District Court of Appeal of Florida, First District, ruled that the 104 week limit on temporary total disability benefits under the Florida Workers’ Compensation Act, section 440.15(2)(a), was unconstitutional. The underlying claim was brought by a firefighter and paramedic who had injured his back and knee while working for the City of St. Petersburg. Westphal v. City of St. Petersburg, No. 1D12-3563 (2/28/13). While recovering from surgery, and while still totally disabled, ... Continue Reading