The insurer who provides a defense to an insured under a liability policy has certain rights to control the defense afforded under the policy. For the insurer, the right to control the litigation carries with it certain duties, including the duty not to prejudice the insured’s liability defenses and provide clarification regarding the coverage of […]
The vast majority of children love dogs, especially puppies! At the same time, owing to their innocence and lack of physical development, children, especially infants, are prone to dog attacks. In fact, annual data from 2016 shows that 42% (13) of the fatality victims of dog attacks were children ages 9 years and younger. Moreover, among […]
Although premises liability cases often do not lend themselves to summary judgment, firm associate Tracey Pruiett scored a recent victory when the Georgia Court of Appeals granted summary judgment in favor of a grocery store in a slip and fall case. Ingles Markets, Inc. v. Rhodes[1] involved a plaintiff who slipped and fell on grease […]
I am often asked by clients whether uninsured motorist carriers are entitled to a setoff for workers compensation and social security benefits in Georgia. The short answer is no.The Georgia Supreme Court has held that collateral benefits setoff provisions that permit the UM insurer to reduce the amount payable to its insured under the coverage […]
From Knight Rider to Back to the Future, the world has long wished for flying, time traveling and self-driving cars. While these technological feats have been limited, for now, to Hollywood films, one of these technological visions may soon transition from a work of science fiction, to reality. Manufacturers such as Google, Mercedes-Benz and Tesla […]
Since its release earlier this month (July 2016) the Pokemon Go mobile app has generated trending news stories of player related injuries caused by distracted driving and walking. San Diego news channels reported that two men fell off a cliff in attempt to capture the virtual character. Various local police departments have increased public warnings […]
While these cases fact patterns are not typical liability or insurance defense cases, they demonstrate that the apportionment statute has been held to apply to a wide range of cases and situations and is the law in Georgia with respect to fault and/or damages. Alston & Bird LLP v. Hatcher Management Holdings, LLC, A15A1677 (Ga. […]
Mabry & McClelland Partner, Jimmy Scarbrough, makes the news with a recent trial victory. Read the whole story on Courtroom View Network.
While a duty to defend claims of malicious prosecution may be subject to exclusion, special limits, or a combination of the two by virtue of the language of a particular insurance policy, it is often difficult to determine when the cause of action accrued for purposes of identifying the operative policy period to analyze any […]
A simple internet search will reveal numerous legal journals and web publications regarding the growing role social media plays in modern civil litigation for both plaintiffs and defendants in tort claims. Even a recent Georgia appellate decision recognized Facebook as “one of the most popular social networking websites” that allows registered users to customize published […]