Stranger Danger: Georgia Joins Minority View and Allows Assignability of Legal Malpractice Claims
4/2/13
By: Dana Maine
Legal malpractice carriers be aware that you will now be on the hook for defending your insureds in actions brought by strangers to any attorney-client relationship. The Georgia Supreme Court just answered the question on the minds …
3/28/13
By: Bart Gary
Many contracts, especially construction contracts, will contain a provision whereby one party, usually a subcontractor, agrees to add the other party to the contract, usually the general contractor, as an additional insured on the former’s insurance coverage. …
The Marketing Risks of Insurance Related Litigation
10/4/12
By: Seth Kirby
Nationally syndicated radio host Clark Howard recently targeted auto insurer Progressive in his “Clarkrageous Moment,” a segment in which he expresses his outrage over various topics. In this instance, his outrage stemmed from an auto accident in …
Georgia Supreme Court Expands Diminution in Value Analysis to All Property Damage Claims
7/9/12
By: Seth Kirby
For the last decade, Georgia auto insurers have been required to compensate accident victims for the inherent loss in value that a car suffers when it has been in an accident. This loss is known as diminution …
Supreme Court of Georgia does an About Face on Preserving Coverage Defenses
7/5/12
By: Phil Savrin
Three weeks ago, I blogged that even though the Supreme Court of Georgia held that defending an insured without a reservation of rights waived coverage defenses, the standard for preserving defenses was easy to meet. Since then, …
The Pitfall of Coverage by Estoppel in Georgia
6/7/12
By: Phil Savrin
The Supreme Court of Georgia swept aside many decades of case law recently when it decided that an insurer cannot rely on policy provisions to deny coverage if it defends its insured without reserving its rights. Before …