Insurance Coverage & Business Disputes Archives

Georgia Court Of Appeals Affirms Apportionment Of Fault As The Law In Georgia In Two Recent Cases

June 6, 2016 by M-M Admin

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 … Read More

Case Law Updates | Insurance Coverage & Business Disputes | Premises Liability

When Does A Cause Of Action For Malicious Prosecution Accrue With Respect To The Policy Period Of An Insured?

May 11, 2016 by M-M Admin

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 … Read More

Construction | Insurance Coverage & Business Disputes | Premises Liability

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

October 26, 2015 by M-M Admin

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

Settlement Terms: Make Sure to Dot Your I’s and Cross Your T’s!

September 15, 2015 by M-M Admin

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, … Read More

Case Law Updates | Construction | Insurance Coverage & Business Disputes | Premises Liability

Case Law Update: The Doctrine Of Estoppel In The Context Of A Lawsuit Filed Against A Homeowner’s Association By An Association Member

September 18, 2014 by M-M Admin

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 … Read More

Case Law Update: Georgia Supreme Court Examines the Status of Issues Related to Medical Liens and Collection Thereof

May 23, 2014 by M-M Admin

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 … Read More

Case Law Updates | Insurance Coverage & Business Disputes | Motor Vehicle Accidents | Worker's Compensation

Respondeat Superior: Are Employers Responsible for Their Employees’ Commutes?

April 25, 2014 by M-M Admin

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. … Read More

Catastrophic Injury & Wrongful Death | Construction | Insurance Coverage & Business Disputes | Premises Liability

Liability Waivers: Can You Sign Away Your Right to Sue?

December 26, 2013 by M-M Admin

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 … Read More

Construction | Insurance Coverage & Business Disputes

Once More Into The Breach: Opening The Door For CGL Coverage For Breach Of Contract Claims Against Contractors

October 25, 2013 by kwsm

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 … Read More

Construction | Insurance Coverage & Business Disputes | Motor Vehicle Accidents | Premises Liability

If You See Something, Say Something: Application of Notice Provisions to Georgia Insurance Policies

October 21, 2013 by kwsm

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 … Read More

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