• Insurance Dep't of the State of Ga. v. St. Paul Fire & Cas. Ins. Co.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, and Sidney R. Barrett Jr., Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Ralph B. Levy, Richard L. Shackelford, Robert M. Keenan III and Michael A. Sexton King & Spaulding, Atlanta, for appellees.

    Case Number: A02A0245

    Defendants did not violate the insurance code's prohibitions against cancellation of an entire line or class of business by declining to renew 1,260 stand-alone medical malpractice insurance pol

  • Georgia Baptist Health Care Sys. Inc. v. Hanafi

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Timothy A. Baxter, Andrew B. Flake and Kevin B. Getzendanner Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Michael Weinstock, Louis R. Cohan, Jami M. Kohn Weinstock & Scavo PC, and Ruth H. Gershon Jones, Davis, Reavis & Pogue, Atlanta, for appellee.

    Case Number: A01A2028

    Plaintiff waited 17 months after learning of defense counsel's potential conflict of interest before filing a motion to disqualify and did not file that motion until after the trial court issued an

  • Moon v. Mercury Ins. Co. of Ga.

    Publication Date: 2002-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donald T. Wells Jr. Scott & Wells, Athens, for appellant.
    for defendant: J. Stephen Manko Manko & Lyle, Marietta, for appellee.

    Case Number: A01A1682

    An automobile insurance company had reasonable and probable cause to deny plaintiff's claim for medical expenses under her father's insurance policy since some evidence showed that plaintiff was not

  • Lanier Home Ctr. Inc. v. Underwood

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rex J. McClinton, Dawsonville, Nancy L. Richardson & D. Thomas LeFevre Stewart, Melvin & Frost LLP, Gainesville, for Lanier Home Ctr. Edmund A. Waller, Gainesville, for Underwood.
    for defendant:

    Case Number: A01A1012; A01A1013

    Plaintiffs did not acquiesce in the purchase of their home by continuing to live on the property while demanding rescission based on the failure of their septic tank s

  • Brown v. Belinfante

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Curtis A. Thurston Jr., Atlanta, for appellant.
    for defendant: Mathew S. Coles Smith, Gambrell & Russell, Atlanta, for appellees. Other party representation: Robert C. Christenson Fisher & Phillips, Atlanta.

    Case Number: A01A1339

    A dentist committed negligence per se by performing elective cosmetic procedures in violation of O.C.G.A. § 43-

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  • Liberty Nat'l Life Ins. Co. v. Radiotherapy of Ga. PC

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Wallace Speed Lowendick, Speed & Cuzdey LLC, Atlanta, and Lesli R. Seta Speed & Seta LLC, Lawrenceville, for appellant.
    for defendant: Robert M. Martin, Ruth H. Gershon Jones, Day, Reavis & Pogue, Seaton D. Purdom, Linda A. Klein Gambrell & Stolz, Atlanta, Gene M. Winburn and John J. Barrow Winburn, Lewis & Barrow PC, Athens, for appellees.

    Case Number: A01A1380

    Plaintiff failed to show that it reasonably relied on defendants' alleged misrepresentations regarding the reasonable and customary charges for certain cancer treat

  • Shortnacy v. North Atlanta Internal Med. PC

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clinton W. Sitton and Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: . Jonathan C. Peters, Vicki M. Miller and Michael T. Carithers Love & Willingham LLP, Atlanta, for appellees.

    Case Number: A01A0953

    The trial court did not abuse its discretion in opening defendants' default where defendants reasonably believed that their malpractice insurer was defending plaintiffs'

  • Ray v. Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. White, Woodstock, for appellant.
    for defendant: . Dow N. Kirkpatrick II, Robert P. Riordan and Christopher A. Riley Alston & Bird, Atlanta, for appellee.

    Case Number: A01A1495

    Plaintiffs' claims against a hospital for negligent retention of the doctor who cared for their son were barred by the medical malpractice statute of limitation and statute of r

  • Rockefeller v. Kaiser Found. Health Plan of Ga.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew F. McGahren Baum & McGahren LLC, Norcross, Neal H. Howard, Joann B. Williams, William D. James and Debra S. Robinson Neal H. Howard & Assocs., Atlanta, for appellant.
    for defendant: Jonathan C. Peters and Jason B. Branch Love & Willingham, Atlanta, for appellees.

    Case Number: A01A1808

    Plaintiff was entitled to partial summary judgment on the issue of whether defendants were negligent per se for violating the Physician's Assistan

  • Hill v. City of Fort Valley, Ga.

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James V. Towson, Joel A. Howe Miller & Towson, Sharon H. Reeves and Thomas C. Alexander Jones, Cork & Miller LLP, Macon, for appellant.
    for defendant: . Gregory Homer, Fort Valley, for appellees.

    Case Number: A01A1352

    Plaintiffs failed to state a claim for emotional distress based on defendant's actions in disinterring and reburying their mother after defendants discovered that she was buried in the wrong