Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate is to avoid personal liability for their business's obligations. However, the mere fact that you created a separate corporation or limited liability company ("LLC") will not always shield your personal assets from a lawsuit against your company. Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate ... Continue Reading
Fraud in Part, Fraud in Whole?
In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. In the first-party insurance context, most policies provide more than one type of coverage. A homeowner’s policy will usually contain a liability component and a property component, as well as providing different types of ... Continue Reading
Court of Appeals Visits the Issue of Continuous Employment in Two Cases in 2017
During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017, and also in the case of Kendrick v. SRA Track, Inc., decided on June 20, 2017. In both cases, the Court of Appeals ruled for the Employer/Insurer that the respective employee’s injuries did not occur while in the course and scope of their employment, as they were not on continuous employment. ... Continue Reading
Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries
Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to ... Continue Reading
The Cost of Free Admission: Protection for Landowners under the Recreational Property Act Strengthened by the Georgia Supreme Court
Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. According to a recent decision by the Georgia Supreme Court, however, that free admission could ultimately provide a major benefit to the property owner in the event that a child is injured ... Continue Reading
Spoliation: How Failing to Preserve Evidence Can Spell Disaster for Your Case
Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant's injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is authorized to impose a wide range of sanctions against the offending party. Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant’s injury may be devastating to your case. When a party destroys or fails to preserve material evidence, even if the conduct is not intentional, a court is ... Continue Reading