Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict compliance with the insurance contract or risk possible waiver of available defenses to coverage. The good news for adjusters is that an insurer’s mere investigation of a claim alone does not constitute a waiver of the insurer’s potential defenses. See O.C.G.A. § 33-24-40. However, significant issues can arise when, during the course of an investigation, an adjuster or agent makes a ... Continue Reading
Surveillance, Swords, And Shields- Oh My
At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property owner from spoliation issues and sanctions, but it can also be used as a sword. By encouraging thorough records-keeping and maintenance prior to an incident, and the retention of ... Continue Reading
Knowledge Is Power: Proceed With Caution (In Premises Liability Cases)
It is well known that "[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come It is well known that “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” O.C.G.A. § 51-3-1. In premises liability cases, summary judgment generally is not appropriate, because there are typically disputes about what the evidence shows regarding the parties’ respective ... Continue Reading
“Residence Premises:” Determing Where An Insured Resides
When investigating whether a homeowners' policy provides coverage for an insured's property loss, a threshold matter to always bear in mind is When investigating whether a homeowners’ policy provides coverage for an insured’s property loss, a threshold matter to always bear in mind is whether the loss location was the insured’s “residence premises.” This issue is crucial because a typical homeowners’ policy will only provide dwelling coverage for the dwelling on the “residence premises,” and where the loss location was not the insured’s “residence premises” then there may well not be coverage for an otherwise covered loss. The term “residence premises” is ... Continue Reading