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Publication Date: 2018-02-13
Practice Area: Insurance Law
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Clyde Rickard (Rickard & Nix), Atlanta; Jessica Nix (The Law Office of Rickard & Nix), Atlanta, for appellant.
for defendant: Frederick Valz, T. Bell (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Alissa Young, Long Eddy, for other party.
Case Number: A17A1813
Insurer was entitled to summary judgment in plaintiff's action seeking uninsured motorist coverage from his fiancs parents automobile insurance carrier.
Publication Date: 2018-02-07
Practice Area: Civil Procedure | Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Swope Rodante, Brandon G. Cathey, for appellant.
for defendant: Dentons US, J. Stephen Berry, J. Randolph Evans, Robin N. Johnson, for appellee.
Case Number: A17A0735
The trial court erred in granting summary judgment to insurer on plaintiff's claim alleging that insurer was liable for failing to settle an insurance claim, because genuine issues of material fact remained, but properly granted summary judgment to insurer on plaintiff's claims for attorney fees and punitive damages, because plaintiff failed to point to any evidence of bad faith or willful or wanton conduct.
Publication Date: 2018-01-31
Practice Area: Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Britton White, G. White (Brennan, Harris & Rominger LLP), Savannah, for appellant.
for defendant: Jason Downey (The Downey Law Firm, LLC), Macon, for appellee.
Sarah Akins (Ellis, Painter, Ratterree & Adams, L.L.P.), Savannah; Lester Miller (Law Office of Lester Monroe Miller), for other party.
Case Number: A17A1446
The trial court erred in granting summary judgment to plaintiff in her suit to collect uninsured/underinsured motorist benefits following an automobile accident, because genuine issues of material fact existed regarding coverage under five automobile insurance policies issued to plaintiff's father.
Publication Date: 2018-01-05
Practice Area: Insurance Law | Insurance Litigation
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage (Savage Turner & Pinckney PC), Savannah; Lloyd Murray (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, for appellant.
for defendant: Thomas Bass (Brennan, Harris & Rominger), Savannah; Lee Gillis (James-Bates-Brannan-Groover-LLP), Macon, for appellee.
Joshua Canton (Attorney at Law), Tallahassee, for other party.
Case Number: A17A1421
The trial court properly granted insurers' motions for summary judgment in plaintiffs' suit seeking uninsured motorist coverage because plaintiffs failed to timely notify insurers of the underlying car accident as required by provisions in the insurance policies.
Publication Date: 2017-12-04
Practice Area: Insurance Law | Insurance Litigation
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Frederick Massey (Hicks, Massey & Gardner, LLP), Winder, for appellant.
for defendant: Jonathan Jones (Attorneys at Law), Marietta, for appellee.
ShaMiracle Johnson (Law Office of James C. McLaughlin), Atlanta, for other party.
Case Number: A17A1503
The trial court properly granted insurer's motion for summary judgment on insured's uninsured/underinsured motorist claim because insured failed as a matter of law to provide insurer with prompt notice of the underlying automobile collision and her personal injury suit against a third party as required for coverage under the terms of her insurance policy.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2017-12-01
Practice Area: Civil Procedure | Insurance Law
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Brandon Cathey (Swope Rodante PA.), Tampa, for appellant.
for defendant: John Berry, Robin Johnson, James Evans (Dentons US LLP), Atlanta, for appellee.
Case Number: A17A0735
The trial court erred in granting insurer's motion for summary judgment and but properly denied insured's motion for summary judgment in his suit alleging that insurer failed to settle an insurance claim, because genuine issues of material fact remained.
Publication Date: 2017-11-27
Practice Area: Civil Procedure | Insurance Law
Industry: Insurance
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A17A0954
The trial court properly granted insurer's motion for summary judgment in insureds' declaratory judgment action in connection with their uninsured/underinsured motorist claim because, under Georgia law, a claimant who settles with a tortfeasor must execute a limited release pursuant to O.C.G.A. § 33-24-41.1 in order to preserve the claimants pending claim for UM motorist benefits against his or her own insurance carrier and here the claimant executed a general release of her claims against the other driver in the accident.
Publication Date: 2017-11-21
Practice Area: Contracts | Insurance Law
Industry: Insurance
Court: Court of Appeals
Judge: Judge Reese
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A17A1318
The trial court erred in denying insurer's motion to dismiss plaintiff's breach of contract action because plaintiff lacked privity of contract with insurer and had not obtained a monetary judgment against its insured; plaintiff thus could not maintain a direct action against insurer.
Publication Date: 2017-11-20
Practice Area: Insurance Law
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Robert Benfield (Law Offices of Robert H. Benfield, Jr.), Atlanta, for appellant.
for defendant: James Strawinski (Strawinski & Stout, P. C.), Atlanta; Jay O'Brien (Attorney at Law), Atlanta, for appellee.
Case Number: A17A0840
The trial court erred in granting summary judgment to insurer and denying summary judgment to plaintiff because the language in the insurance policy crucial to the determination of whether plaintiff was an insured was ambiguous and because the Court must construe ambiguities against the insurer, the Court concluded that plaintiff was an insured under the policy.
Publication Date: 2017-10-26
Practice Area: Insurance Law
Industry:
Court: Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Lee Gillis, Duke Groover, Marty Senn, Rachel Turnbull (James Bates Brannan Groover LLP), Macon, for appellant.
for defendant: Joseph Brown, Christopher Scott (Smith, Wallis and Scott, LLP), Carrollton, for appellee. Jason Hammer (Carlock Copeland & Stair LLP), Atlanta; Caroline Welden (Lueder Larkin & Hunter), Atlanta, for other party.
Case Number: A17A0943
Insurer was liable up to the $100,000 combined coverage limit of insured's four uninsured motorist insurance policies for losses he sustained in an automobile accident that were not covered by his workers' compensation award or his settlement with the other driver's insurer.
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