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. […]

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 […]

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 liability claims brought against the homeowner; and sometimes additional living expenses if you must relocate […]

Parties who have reached a settlement more often than not are very happy to know that the case has been resolved as opposed to having the outcome of the case dictated to them by twelve strangers on a jury. Sometimes, however, the resolution of a case by settlement is complicated due to the parties’ varying […]

In Polo Golf & Country Club Homeowner’s Association, Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), the Supreme Court of Georgia affirmed the denial of the defendant association’s motion for summary judgment on plaintiffs Rymers complaint for property damage as a result of continuous flooding on the Rymers property. The Rymers are property […]

A recent decision by the Georgia Supreme Court sheds light on the law imposing suit limitations on lien collection actions, and suggests that the statute in question may need to be revised by the legislature. Hospital Authority of Clarke County v. Geico Insurance Co., 294 Ga. 477, 754 S.E.2d 358 (2014) concerns an action to […]

As a general rule, under the doctrine of respondeat superior in Georgia, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. O.C.G.A. § 51-2-2. While there is no controlling definition of scope of employment, generally, if the employee’s wrongful […]

How do you know if a waiver of liability is valid in Georgia?  Georgia courts have addressed the issue in numerous opinions over the years, and these decisions generally hold that if a wavier is well-worded, written in plain English that is easy to understand, and does not have any ambiguities, the Courts are more […]

One of the basic principles applicable to Commercial General Liability (CGL) policies for contractors is that the policies provide coverage for claims arising out of the contractor’s negligence, but that claims for breach of contract are excluded from coverage unless there is an insured contract. However, a recent Georgia Court of Appeals case, Maxum Indemnity […]

It is an undisputed truth that insurance policies contain voluminous language explaining exactly what constitutes a covered claim. However, it is also true that whether a claim is covered may depend on when the insured calls his or her insurer to discuss whether a claim is covered. Insurance policies typically include a notice requirement, and […]