Georgia employers are required by law to retain workers' compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several employers are unable to obtain workers' compensation coverage in the standard insurance market. Fortunately, every state provides employers an opportunity to acquire workers' compensation insurance through a Workers' Compensation Assigned Risk Plan, Pool, or Residual Market. Georgia employers are required by law to retain workers’ compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several ... Continue Reading
Georgia Mandates Notification Requirements for Data Breaches
In light of the increasing cyber data breaches over the last couple of years, Georgia companies must be aware of the legal requirements that are triggered a company discovers or reasonably believes that a breach in the security of the unencrypted personal information data of any Georgia resident has occurred. O.C.G.A. § 10-1-912. In light of the increasing cyber data breaches over the last couple of years, Georgia companies must be aware of the legal requirements that are triggered a company discovers or reasonably believes that a breach in the security of the unencrypted personal information data of any Georgia resident has occurred. O.C.G.A. § 10-1-912. Not all companies are subject ... Continue Reading
State and Federal Courts Continue to Reject Public Policy Challenges to Arbitration Clauses
Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision, a party sought to avoid arbitration by advancing arguments against arbitration based on public policy. The courts rejected these public policy type arguments, making it more difficult for a party to avoid arbitration when there is an arbitration clause that covers the suit or claim. Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision, a party sought to avoid ... Continue Reading
Clarification or Counteroffer? Choose Your Words Carefully
A recent opinion out of the Georgia Court of Appeals is forcing insurers to choose their words carefully when seeking clarification regarding time-limited settlement demands. In Yim v. Carr, the Court of Appeals reversed a ruling that a defendant driver's insurer had accepted the plaintiff's time-limited demand for the policy's limits, holding instead that the insurer's request for clarification regarding the scope of the offer's release was not an "unequivocal acceptance" of the offer, but rather a counteroffer. The holding is likely to be appealed to the Supreme Court of Georgia, but in the meantime, it is causing some hand-wringing among insurance representatives and the defense ... Continue Reading