The Georgia Court of Appeals has just issued a new case which clarifies apportionment of fault against a non-party which is codified at O.C.G.A. § 51-12-33. The statute and subsequent cases allow a Defendant in a civil case to file a notice prior to trial to allow a jury to apportion fault to a party […]

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 […]