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Publication Date: 2018-06-28
Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
Industry: Insurance | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.
Case Number: A18A0132
Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement
Publication Date: 2018-06-21
Practice Area: Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: Clay O'Daniel, Susan Mentel (O'Daniel McDonald, LLC), Atlanta, for appellant.
for defendant: Matthew Wetherington, Benjamin Lev, Robert Friedman (The Werner Law Firm), Atlanta; Nola Jackson (Werner Wetherington PC), Atlanta; Michael Werner (Attorney at Law), Atlanta, for appellee.
Case Number: A18A0149
The trial court erred in denying excess insurer's motion to dismiss it from plaintiff's suit arising out of an automobile accident, because excess insurer was not a proper party.
Publication Date: 2018-06-06
Practice Area: Contractual Disputes | Insurance Law | Real Estate
Industry: Insurance | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Craig Cowart (Craig N Cowart, LLC), Macon, for appellant.
for defendant: Rachel Sullivan, Michael Kendall, Daniel Conner (Kendall Law Group, LLC), Douglasville, for appellee.
Case Number: A18A0301
Property Renter/Buyer Created Valid and Enforceable Insurance Contract On Behalf of Owner
Publication Date: 2018-06-05
Practice Area: Insurance Law
Industry: Automotive | Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: O. Ellerbee (Attorney at Law), Valdosta, for appellant.
for defendant: Joshua Canton (Attorney at Law), Tallahassee; Lara Edelstein (Conroy Simberg), Hollywood, for appellee. Matthew Lawrence (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for other party.
Case Number: A18A0009
Jury Question As to Whether Injured Motorist's Failure to Provide Prompt Notice of Injury to Insurer Was Due to Reasonable Delay
Publication Date: 2018-05-30
Practice Area: Insurance Law | Trusts and Estates
Industry: Insurance
Court: Georgia Supreme Court
Judge: Justice Boggs
Attorneys: For plaintiff: William Randal Bryant, Timothy Jerome Burson, John V. Burch (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
for defendant: John Richard Neville (Neville & Cunat LLP), Cumming; Margaret Austin Spaulding (Boling Rice LLP), Cumming; Kevin James Tallant (Miles Hansford & Tallant LLC), Cumming; Craig Smith Oakes (Bryant & Oakes PC), Suwanee, for appellee. Maurice M. Egan Jr. (Owen, Gleaton, Egan, Jones & Sweeney LLP), Atlanta, for amicus appellant.
Case Number: S17G1472
Conservator's Bond Did Not Cover Punitive Damages For Breach of Fiduciary Duty
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Publication Date: 2018-05-25
Practice Area: Civil Procedure | Constitutional Law | Insurance Law
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Hines
Attorneys: For plaintiff: Daniel C. Jason (Jason & Bradley LLC), Stone Mountain, for appellant.
for defendant: Zach M. Matthews, Scott Wayne McMickle (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee. Susan Joy Levy, Henry Lee Pruett (Levy & Pruett), Decatur, for amicus appellee.
Case Number: S18A0505
The trial court properly granted summary judgment to defendant risk retention group in a direct action against it because provisions in the federal Liability Risk Retention Act of 1986 preempt Georgias motor carrier and insurance carrier direct action statutes in regard to risk retention groups, thereby precluding the direct action at issue.
Publication Date: 2018-05-08
Practice Area: Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Leslie Kennerly, John Smith (Young Thagard Hoffman Smith & Lawrence), Valdosta, for appellant.
for defendant: Mitchell Shook (Attorney at Law), Vidalia; Carl Lowery, Milan, for appellee.
Case Number: A18A0737
The Court of Appeals partially affirmed and partially reversed the denial of insurer's motions for summary judgment in a declaratory judgment action arising after a motor vehicle hit a mule-drawn carriage in which insureds were riding.
Publication Date: 2018-04-17
Practice Area: Insurance Law
Industry: Automotive
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Mark Webb (Brinson, Askew, Berry, Seigler et al), Rome, for appellant.
for defendant: Michael Kendall, Maureen Murphy, Ellen Abt (Kendall Law Group, LLC), Douglasville, for appellee. Savannah Bray (Downey & Cleveland, LLP), Marietta, for other party.
Case Number: A17A1596
No Underinsured Motorist Coverage Where Claimant Was Injured by Vehicle Furnished for His Regular Use
Publication Date: 2018-03-19
Practice Area: Criminal Law | Insurance Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
for defendant: Ashutosh Joshi (Attorney at Law), Atlanta; Matthew Winchester (Law Offices Of Matthew K. Winchester), Atlanta, for appellee.
Case Number: A17A1692
Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage
Publication Date: 2018-03-07
Practice Area: Insurance Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Steven Kyle, William Davis, Roy Xiao (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
for defendant: Francis Jones (Attorney at Law), Atlanta, for appellee.
Case Number: A17A1808
The trial court properly denied insurer's motion for summary judgment in insured's suit arising out of an automobile collision in which he sought uninsured motorist benefits from his insurer, as the coverage exclusion for damage and injuries resulting when the insureds car is being used as a public or livery conveyance did not apply where insured offered a specific neighbor a ride for a fee.
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