Unfortunately violence in the workplace is on the rise. A 2011 study from the U.S. Bureau of Labor Statistics found that 17% of workplace fatalities that year were the result of Unfortunately violence in the workplace is on the rise. A 2011 study from the U.S. Bureau of Labor Statistics found that 17% of workplace fatalities that year were the result of violence. While deaths and injuries from other causes are in decline due to improved safety measures, incidents of violence continue to increase. As the incidences of violence, rise, employer and insurers are regularly forced to address the compensability of injuries ... Continue Reading
The Great Windfall: Whether Insured’s In Georgia May Cover Replacement Costs Without First Repairing Or Replacing Their Property
Standard property insurance policies allow insureds to collect the actual value of their damaged or lost property. Insureds may often secure Standard property insurance policies allow insureds to collect the actual value of their damaged or lost property. Insureds may often secure additional protection through a replacement cost endorsement which provides increased coverage for the expense of replacing the property. Replacement cost coverage was designed to remedy the shortfall which often occurs when a property insurance policy only provides compensation for actual cash value (“ACV”). That is, while a policy compensating an insured for the ACV of damaged or lost ... Continue Reading
Rise Of SSDI Claims And Impact On Workers’ Compensation Claims
Since the Great Recession of 2008, there has been a spike in claims for Social Security disability income ("SSDI") benefits and unemployment Since the Great Recession of 2008, there has been a spike in claims for Social Security disability income (“SSDI”) benefits and unemployment benefits, as unemployed workers searched for alternate sources of income. Not only were injured workers filing claims for SSDI benefits for wage loss, it also provided them with an avenue for entitlement to Medicare, since a person is entitled to Medicare benefits after receiving SSDI benefits for twenty-four (24) months. Therefore, a claim for SSDI benefits can provide an injured worker with a ... Continue Reading
Look Out Below: Georgia Court Of Appeals Affirms Summary Judgement For Defendants In Two Recent Falling-Merchandise Cases
Two recent Georgia Court of Appeals decisions confirm that premises owners have at least two viable lines of defense in falling-merchandise cases. In both Two recent Georgia Court of Appeals decisions confirm that premises owners have at least two viable lines of defense in falling-merchandise cases. In both Aubain-Gray v. Hobby Lobby Stores, No. A12A1042, 2013 WL 4017362 (Ga. Ct. App. Aug. 8, 2013), and Warner v. Hobby Lobby Stores, Inc., 321 Ga. App. 121, 741 S.E.2d 270 (2013), the Court of Appeals affirmed summary judgment in favor of defendants on the plaintiffs’ falling-merchandise claims. In each case, the Court determined that ... Continue Reading
A Contractor’s Own Work: An “Occurrence” Under A CGL Policy?
Insurance adjusters and contractors need to be aware of the divergent applications of the "your work" exclusion based upon the jurisdiction in which a case is being litigated. Insurance adjusters and contractors need to be aware of the divergent applications of the "your work" exclusion based upon the jurisdiction in which a case is being litigated. This article analyzes a recent Alabama Supreme Court decision dealing with this exclusion, highlights the growing trend across the Country regarding application of the exclusion, and suggests a potential shift under Alabama ... Continue Reading