An all too typical scenario- an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer its rights to disclaim coverage. An all too typical scenario– an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer ... Continue Reading
Injuries to “Off-Duty” Law Enforcement Officers
If a law enforcement officer sustains an alleged work-related injury while "on-duty" for the law enforcement agency, the compensability is analyzed in the same manner as any alleged work-related injury. If a law enforcement officer sustains an alleged work-related injury while “on-duty” for the law enforcement agency, the compensability is analyzed in the same manner as any alleged work-related injury. An injury is compensable under the Georgia Workers’ Compensation Act only if the injury “arises out of” and occurs “in the course of” employment pursuant to O.C.G.A. § 34-9-1(4). The “arises out of” requirement goes toward a causal connection between an employee’s work and ... Continue Reading
Burdette in the Georgia Supreme Court
The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. The affirmative defense of willful misconduct has seen several dramatic changes in the last few years, with decisions from the Georgia Court of Appeals and now the Georgia Supreme Court. In 2015, the Georgia Court of Appeals issued a decision in Burdette v. Chandler Telecom, LLC., 335 Ga.App. 190, 779 S.E.2d 75 (2015), that made the assertion of the willful misconduct defense all but impossible in cases that did not involve criminal or quasi-criminal behavior. However, a recent reversal of the ... Continue Reading
Georgia Courts Address Right Of Removal Under Corporate Venue Statute
One of the first considerations for defense attorneys on receipt of a new lawsuit filed in a Georgia state court is the venue where it is pending and what, if anything, the defense can do about it. One of the first considerations for defense attorneys on receipt of a new lawsuit filed in a Georgia state court is the venue where it is pending and what, if anything, the defense can do about it. A potential option available to corporate defendants in tort actions is the right of removal to the county in Georgia where the company maintains its principal place of business. The Georgia Court of Appeals and Georgia Supreme Court have addressed this removal provision in two recent ... Continue Reading