The Georgia Court of Appeals' March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply strictly with their Contract’s notice and claims provisions, or they will forfeit their right to seek damages or compensation for cost increases. Thankfully, as will be discussed below, those Contractors and ... Continue Reading
Litigation Pitfalls: Failure To Preserve Evidence In Your”Control.”
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions. To remedy the prejudice resulting from evidence spoliation, a trial court is authorized to craft a solution that fits the facts. The court may charge the jury that spoliation of evidence creates the rebuttable presumption that the evidence would have been harmful to the ... Continue Reading
LAM V. ALLSTATE Indemnity Company: Appraisal Provision Does Not Apply To The Scope Of The Loss
In a recent decision, the Georgia Court of Appeals has ruled that an Appraisal Provision in a property insurance policy would be limited to questions In a recent decision, the Georgia Court of Appeals has ruled that an Appraisal Provision in a property insurance policy would be limited to questions of the value of a loss and not questions of coverage. What is particularly significant here, however, is that the court determined that a question relating to the scope of a loss, was, in fact, a question of coverage. As such, it would be outside the purview of the appraisal ... Continue Reading
Appointment: The Court Clarifies The State Of Contribution And Indemnity
Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have become more clear about whether contribution and indemnity still exist. As a reminder, apportionment law in Georgia requires the trier of fact to consider all responsible entities when awarding damages. While the statute provides means for parties to tell the trier of fact who to consider, apportionment has also been attempted by a defendant filing a third party complaint against entities ... Continue Reading