Volume 26 No. 156 November 2014

The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss.  The appraisal provision allows the value of covered damages to be objectively determined without risks associated with trial.  Appraisal provisions are valid and binding, and in Georgia such provisions are patterned after the Standard Fire Policy. Oftentimes carriers will encounter a situation where the insured contends that the issue of whether certain damages are covered under the policy impacts the amount of loss, and thus the insured invokes appraisal in order to include those ... Continue Reading

In Wheatley v. Moe's Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context ofIn Wheatley v. Moe’s Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context of tort cases in federal court based upon diversity jurisdiction. There appears to be no binding decision regarding the applicability of offers under O.C.G.A. § 9-11-68 in federal court. This code section provides: At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may ... Continue Reading

A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer.  The facts of the accident are in dispute, and both parties fully investigate the physical evidence, the electronic data, and the relevant documentation.  All of the parties, witnesses, and experts are deposed.  However, the question of who caused the accident is not the only issue at play.  Plaintiff has alleged that the driver was unqualified and poorly trained, and that the trucking company cut corners ... Continue Reading

Prior to November 18, 2014, an injury sustained by an employee within a reasonable time of going to or coming from work was compensable where Prior to November 18, 2014, an injury sustained by an employee within a reasonable time of going to or coming from work was compensable where the injury occurred on the employer’s premises, or in an off-premises parking lot owned, maintained, or controlled by the employer.  See Collie Concessions, Inc. v. Bruce, 272 Ga. App. 578 (2005); Hill v. Omni Hotel at CNN Center, 268 Ga. App. 144 (2004); Tate v. Bruno’s Inc./Food Max, 200 Ga. App. 395 (1991).   Known as the “ingress/egress exception” and “parking lot exception”, this ... Continue Reading

he appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss.  The appraisal provision allows the value of covered damages to be objectively determined without risks associated with trial.  Appraisal provisions are valid and binding, and in Georgia such provisions are patterned after the Standard Fire Policy. Oftentimes carriers will encounter a situation where the insured contends that the issue of whether ... Continue Reading