You May Not Have The “Right to Remain Silent”
6/20/13
By: Sun Choy
Everyone who watches police dramas knows about the “right to remain silent.” Under the famous right, the police cannot use a defendant’s statement in a prosecution unless it can be shown that the defendant was first informed …
Supreme Court Upholds Arbitrator’s Class Ruling
6/14/13
By: Anthony Del Rio
This week, in Oxford Health Plans v. Sutter, the Supreme Court upheld the authority of an arbitrator to interpret an agreement to permit class arbitration. While the Court expressed some doubt regarding whether the arbitrator …
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 …