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Water, Water…Everywhere: Insurance Policy Language Regarding Floods or Water Run Off Requires A Close Look

What may come as a surprise to some homeowners is that a standard homeowner’s insurance policy does not cover damage caused by flooding.  The basic homeowners’ policy supports a home’s structure; personal possessions, such as furniture, clothes, electronics, etc.; certain … Read More

Spoliation after Phillips v. Harmon – Constructive Knowledge of Contemplated Litigation Sufficient to Trigger Duty to Preserve?

Perhaps nothing can be more disheartening than a court finding a defendant responsible for spoliation of evidence. This is because a finding of spoliation gives rise to a rebuttable presumption that the subject evidence was harmful to the spoliator. Thus, … Read More

Case Law Update: The Georgia Court of Appeals Affirms the Trial Court Allowing Jury to Touch Plaintiff as Part of Evidence

We all remember that dramatic moment when OJ Simpson was asked to put on the black gloves in front of the jury in the so-called “Trial of the Century.” Both gloves, according to the prosecution, contained DNA evidence from Simpson, … Read More