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  • First Acceptance Insurance Company of Georgia v. Watts et al.

    Publication Date: 2024-04-30
    Practice Area: Insurance Litigation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: P. Freed, Philip Savrin, (Freeman, Mathis & Gary, LLP.), Atlanta, James Finley, Amy Daugherty, (The Finley Firm, P.C.), Columbus, Daniel Hendrix, (Jackson & Hendrix, LLC), Roswell, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Kenneth Bernard, (Sherrod & Bernard), Douglasville, for appellee.
    Case Number: A24A0588

    Court dismisses an insurer's appeal to the denial of its declaratory judgment action in an insurance coverage dispute because resolution of underlying tort action had been reached

  • Shingler v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2023-09-29
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, for appellant.
    for defendant: Amanda Morris, Duke Groover, William Horkan, Holden Burford, (James Bates Brannan Groover LLP), Macon, for appellee.
    Case Number: A23A0672

    Court affirms summary judgment in favor of an insurer because insured party had filed his lawsuit after the limitation period established in an endorsement to the policy

  • Unique Auto Sales, LLC et al. v. Dunwody Insurance Agency et al.

    Publication Date: 2023-09-06
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Reuben Akin, (Attorney at Law), Macon, Charles Cork, (Attorney at Law), Decatur, for appellant.
    for defendant: Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Satterfield, Thomas Haswell, (Hall Booth Smith, P.C.), Atlanta, for appellee; Kenneth Jones, (Five Star Automotive), Atlanta, other party.
    Case Number: A23A0697

    Court affirms summary judgment that an insurer was not liable for an insured party's losses due to plain language of exclusions in a policy

  • H. J. Russell & Company v. Landmark American Insurance Company et al.

    Publication Date: 2023-09-05
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David Bersinger, James Leonard, Christopher Daniels, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Anne Landrum, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Paul Fields, Ann Kirk, Taryn Kadar, (Fields Howell LLP), Atlanta, Anthony Morris, Anthony Morris, (Akerman LLP), Atlanta, Wayne Taylor, (Mozley Finlayson & Loggins), Atlanta, Taylor Davis, Robert Fisher, Jocelyn DeMars, (Clyde & Co. US, LLP), Atlanta, Jeremy Burnette, (Polsinelli, P.C.), Atlanta, for appellee.
    Case Number: A23A0944

    Court affirms dismissal of an insured party's breach of contract claims against insurers that were based on intangible losses associated with the COVID-19 pandemic

  • Tisdale v. Farmers Insurance Exchange

    Publication Date: 2023-08-08
    Practice Area: Insurance Litigation
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Scott Harrison, (Monge & Associates), Atlanta, for appellant.
    for defendant: Jeffrey Brown, (Brown & Adams, LLC), Columbus, Brooke Sexton, Atlanta, for appellee; Kristin Yoder, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Peachtree Corners for other party.
    Case Number: A23A0616

    Court affirms summary judgment for an insurer in a car accident case because injured Uber driver had committed fraud to be accepted as a driver by Uber

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ironshore Specialty Insurance Company v. RPG Hospitality, LLC

    Publication Date: 2023-07-14
    Practice Area: Insurance Litigation
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Keith Blackwell, David Carpenter, Tiffany Powers, (Alston & Bird, LLP), Atlanta, Brent Kaplan, Hilary Hunter, (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Christopher Cosper, Jordan Bell, (Hull Barrett, P.C.), Augusta, for appellee; Roger Sumrall, Carrie Moss, (Bendin Sumarall & Ladner, LLC), Atlanta, for other party.
    Case Number: A23A0047

    Court reverses summary judgment that had been in favor of an insured party due to questions of fact caused by an ambiguity in the policy over limits for certain damage

  • Travelers Casualty Insurance Company of America v. Bozovich

    Publication Date: 2023-07-04
    Practice Area: Contractual Disputes | Insurance Litigation | Personal Injury | Premises Liability
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Seth Friedman, Christopher Meeks, Victoria Munian, (Lewis Brisbois Bisgaard & Smith), Atlanta, for appellant.
    for defendant: Susanne Witt, (Witt Law Group), Atlanta, Brian Ross, (The Ross Law Firm, LLC), Atlanta, for appellee; David Bersinger, (Dentons US LLP), Atlanta, Christopher Daniels, (Barnes & Thornburg, LLP), Atlanta, for other party.
    Case Number: A23A0548

    Policy Terms Could Not Be Circumvented By Labeling Personal Injury Claims As Arising From Premises Liability and Negligent Hiring

  • Jones v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2023-04-12
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Benjamin Driggers, (B. Dave Driggers, P.C.), Macon, Jarome Gautreaux, (Gautreaux Law, LLC), Macon, F. Wilson, (Attorney at Law), Macon, for appellant.
    for defendant: Corrie Hall, Duke Groover, (James-Bates-Brannan-Groover-LLP), Macon, Samuel Alderman, (Attorney at Law), Macon, Wallace Miller, (Wallace Miller III, LLC), Macon, Mary Eva Hutcherson, (Alderman & Hutcherson), Macon, for appellee.
    Case Number: A22A1685

    Court rejects arguments from beneficiaries of an auto insurance policy that the policyholder had higher uninsured motorist coverage limits

  • Irish Angela Frey, et al. v. Michael C. Jesperson et al.

    Publication Date: 2023-02-22
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
    Case Number: A22A1589

    Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

  • Hernandez v. Great American Alliance Insurance Company

    Publication Date: 2022-11-01
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Lacy, (Lindsey & Lacy, P.C.), Peachtree City, for appellant.
    for defendant: Michael Athans, Rachael Slimmon, (Freeman Mathis & Gary, LLP), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, for appellee; John Hipes, (Hipes & Belle Isle, LLC), Alpharetta, for other party.
    Case Number: A22A1147

    In an insurance coverage dispute, court affirms summary judgment in favor of umbrella insurer's denial of coverage for injuries sustained in a shooting incident