Benson Ward practices insurance defense litigation, with a focus on workers' compensation and major insurance matters including bad faith, insurance coverage, and arson & fraud investigations throughout the southeast.
Benson represents insurers, third party administrators, self-insureds, and employers, and defends insurance companies in State and Federal Courts. He has particular experience with self-insured businesses, manufacturing companies, the food & beverage industry, and the poultry industry.
He works with insurance companies and carriers in the evaluation and the investigation of all nature of insurance claims, and counsels clients regarding work-related injuries and potential claims. His practice includes conducting examinations under oath, taking and defending depositions including those of expert witnesses, trying cases, and arguing appeals. Recent appellate matters of note include prevailing with Mike Bagley and John Blackmon before the Supreme Court of Georgia in the case of MARTA v. Reid, and preparing an Amicus Brief to the Supreme Court of Georgia, along with two colleagues from the firm, on behalf of the Georgia Self-Insurer's Association, Georgia Manufacturer's Association, and the Georgia Poultry Federation in the case of McRae v. Arby's.
Benson is a frequent speaker for client seminars and presentations, and since 2009 has co-authored the Mercer Law Review's annual survey of Georgia Workers' Compensation law. He is a co-author, along with Mike Bagley and John Ferguson, of the recent 9th Edition of the GWCA's Workers' Compensation Desk Manual. From 2011-2015, Benson was named a Georgia Rising Star by Super Lawyers. Only 2.5 percent of the attorneys in Georgia are honored on the Georgia Rising Stars list. He is also an AV Preeminent rated lawyer by Martindale Hubbell.
Benson is involved with the Georgia Chapter of the National Multiple Sclerosis Society, and was a member of the MS Leadership Class of 2013.
University of Georgia, School of Law, J.D., 2005, cum laude
University of Georgia, B.A., 2002, summa cum laude with honors
All Georgia State and Federal Courts
USDC Northern and Middle District
Georgia Court of Appeals
Georgia Supreme Court
11th Circuit Court of Appeals
State Bar of Georgia
American Bar Association
Southern Loss Association
Metro Fire Investigators Association
Atlanta Bar Association
Related News, Publications & Presentations
“A Hard Rain’s A-Gonna Fall: Hail Damage, Appraisal, and Lam v. Allstate.” Drew Eckl & Farnham Journal, vol. 26, no. 156. November 2014.
“Ex Parte Communications with Doctors in Workers’ Compensation Cases: The Supreme Court of Georgia Stops the Madness in Arby’s v. McRae.” Drew Eckl & Farnham Journal, vol. 25, no. 145. January 2013.
“Lookin’ For Work In All The Wrong Places: Status of Claimant’s Maloney Burden After Ogletree and Maughon.” Drew Eckl & Farnham Journal, vol. 24, no. 143. September 2012.
“No Shelter From The Storm: Court Declines To Rule Uninhabitable House Not Residence Premises As A Matter Of Law.” Drew Eckl & Farnham Journal, vol. 24, no. 141. May 2012.
“Residency And Repairs: Court Affirms Insured Must Reside At Premises And Carrier Did Not Waive Defenses In Commencing Repairs.” Drew Eckl & Farnham Journal, vol. 23, no. 137. September 2011.
"Fool Me Once: Recent Decision Upends Application Of Misrepresentation Clause Of Insurance Policies" Drew Eckl & Farnham Journal, vol. 22, no. 130. July 2010.
"Pocketful Of Kryptonite: Court Of Appeals Finds No Superadded Injury Where Treatment Was Unauthorized And Not Reasonable" Drew Eckl & Farnham Journal, vol. 21, no. 124. July 2009.
"The Property Corner Question of The Month" Drew Eckl & Farnham Journal, vol. 21, no. 122. March 2009.
"No Midnight Train To Georgia: Legal Defenses And Practical Solutions To Claimant's Request To Depose An Out-Of-State Adjuster" Drew Eckl & Farnham Journal, vol. 20, no. 119. September 2008.
"Debt Relief, But No Free Ride -- Filing Bankruptcy Does Not Excuse An Insured From Failing To Comply With Duties Under The Policy" Drew Eckl & Farnham Journal, vol. 19, no. 113. September 2007.
“Open Sesame – Do Bad Faith Allegations In A First Party Lawsuit Mandate That Insurers Must Produce Their Entire Claims File?” J. Benson Ward and Michael Mills. Drew Eckl & Farnham Journal, vol. 18, no. 107. September 2006.