• Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    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

  • RLI Insurance Company v. Duncan

    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.

  • Southern Trust Insurance Company v. Cravey et al.

    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

  • Bramley v. Nationwide Affinity Insurance Company Of America

    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

  • In Re: Estate Of Gladstone.

    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

  • Reis et al. v. Ooida Risk Retention Group, Inc.

    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.

  • Ga. Farm Bureau Mutual Insur. Co. v. Claxton et al.

    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.

  • Hazelwood v. Auto-Owners Insurance Company

    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

  • State v. Lewis

    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

  • Haulers Ins. Co. v. Davenport

    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.