• Stanley v. Government Employees Insurance Company

    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.

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    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.

  • State Farm Mutual Automobile Insurance Corporation v. Fabrizio

    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.

  • Sharpe et al. v. Great Midwest Insurance Company et al.

    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.

  • Gloria Silva v. Liberty Mutual Fire Insurance Company

    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.

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    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.

  • Newstrom et al. v. Auto-Owners Insurance Company

    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.

  • Auto-Owners Insurance Company v. Tracy

    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.

  • Blue Ridge Auto Auction v. Acceptance Indemnity Insurance Company, Inc.

    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.

  • Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

    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.