In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court's ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court’s ruling that a residential lease contract may shorten the ... Continue Reading
One’s Company, Two’s A Crowd, and Three’s Liability: O.C.G.A. § 34-9-2(a)(2) After Wills v. Clay County
The State of Georgia has made even the smallest of small businesses subject to the Workers’ Compensation Act. The general rule dictating whether an employer is subject to the Workers’ Compensation Act is outlined in O.C.G.A. § 34-9-2(a)(2). Specifically, this statute reads in relevant part, “[t]his chapter shall not apply to... any person, firm, or private corporation, including any public service corporation, that has regularly in service less than three employees in the same business within this state, unless such employees and employers voluntarily elect to be bound[.]” As a practical matter, this statute is not regularly used as a defense because an employer that has workers’ ... Continue Reading
Georgia Courts Continue to Uphold “exclusive remedy” Rule Under O.C.G.A. § 33-4-6
In Georgia, bad faith claims brought by a policyholder against the insurer are codified by statute specifying the requirements for a policyholder to recover a civil remedy for an insurer's bad faith refusal to pay a valid claim: In Georgia, bad faith claims brought by a policyholder against the insurer are codified by statute specifying the requirements for a policyholder to recover a civil remedy for an insurer’s bad faith refusal to pay a valid claim: In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in ... Continue Reading
Court Rules Claims Notes Prepared After Anticipation Are Discoverable For Bad Faith Claims But Only After Bifurcation of Claims for Breach of Contract and Bad Faith
For decades attorneys for insurance companies and insureds have debated the discoverability of documents contained in the insurer's claims file. Frequently, the debate concerns when an insurer will be required to produce documents prepared in anticipation of litigation. An increasing number of courts are addressing whether claims notes prepared in anticipation in cases must be produced in cases involving bad faith claims. Judge Tilman Self with the Middle District of Georgia ruled in 2018 that such claims notes are discoverable for a bad faith claim, but not for a breach of contract claim, resulting in the bifurcation of the two claims. For decades attorneys for insurance companies and ... Continue Reading