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  • White v. American Family Life Assurance Co.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Nicholas P. Garcia Garcia & Bradley, Fayetteville, for appellant.
    for defendant: Joseph L. Waldrep, Columbus, for appellee.
    Case Number: A07A0686

    The trial court did not erroneously charge the jury that they could find in favor of an insurer in a breach of contract action to recover health insurance proceeds, if they determined that the insur

  • Cuyler v. Allstate Ins. Co.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Matthew D. Cuyler, Winston, proceeded pro se. Andrew H. Schultz Fain, Major, Wiley & Brennan PC, Atlanta, for appellee.
    for defendant:
    Case Number: A07A0461

    The insured was not entitled to coverage for his medical payments, pain and suffering, lost income or vehicle collision damage, because olicy's declaration page did not indicate that he had pai

  • Prescott v. Colonial Properties Trust Inc.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Vincent D. Sowerby Law Office of Vincent D. Sowerby PC, Brunswick, for appellant.
    for defendant: Christopher J. O'Donnell Drew, Eckl & Farnham, Brunswick, and Francis C. Schenck Hartford Ins., Atlanta, for appellees.
    Case Number: A07A0599

    The property owner's cleaning contractor had no independent duty to inspect the premises where the plaintiff slipped and

  • McAfee v. ETS Payphones Inc.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David B. Bell Bell & Assocs., Augusta, for appellant.
    for defendant: Francis C. Schenck Hartford Ins., Atlanta, for appellee.
    Case Number: A07A0644

    The defendant had no actual knowledge or constructive knowledge that the specific payphone, which fell on the plaintiff's head while he was making phone calls, was damaged during a theft and posed a

  • Chowhan v. Miller

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William J. Williams Johnston, Wilkin & Williams, Augusta, for appellant.
    for defendant: James B. Trotter Trotter Jones LLP, Augusta, for appellees.
    Case Number: A07A0579

    The buyer's failure to tender additional earnest money by the date specified in the parties' real estate contract authorized the sellers to terminate the contract and was a bar to the buyer's action

  • Law Journal Press | Digital Book

    New Jersey Insurance Law 2024

    Authors: George J. Kenny, Frank A. Lattal

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  • Rodriguez v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kenneth D. Kondritzer Office of the Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A07A0583

    A trial court is not required to sua sponte charge the jury on O.C.G.A. § 24-4-6-providing that, ' "to warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent

  • Hayward El v. State

    Publication Date: 2007-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Louis C. Hayward El, Warner Robins, proceeded pro se. Kelly R. Burke, District Attorney, Duncan M. Munn, Assistant District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    for defendant:
    Case Number: A07A0468

    The statute of limitation runs from the time of the crime to the time of indictment and the state indicted the defendant within the applicable 4-year limitation p

  • Kirkland v. Tamplin

    Publication Date: 2007-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dwain L. Kirkland, Hull, proceeded pro se. Thomas H. Rogers Jr. and Thomas F. Hollingsworth III Blasingame, Butch, Garrard, Bryant & Ashley, Athens, for appellees.
    for defendant:
    Case Number: A07A0663

    The plaintiff failed to present evidence showing a bias from an extrajudicial source in support of his recusal mo

  • L. Lowe & Co. v. Sunset Strip Props. LLC

    Publication Date: 2007-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ramsey Kazem and Charles W. Surasky Smith, Currie & Hancock LLP, Atlanta, for Lowe & Co. Kenneth I. Behrman Lenner, Schatten & Behrman LLC, Atlanta, for Sunset Strip Props.
    for defendant:
    Case Number: A07A0498; A07A0499

    The evidence linked the defendant to a contract for the demolition and reconstruction of a defunct restaurant bui

  • Haldi v. Piedmont Nephrology Assocs. PC

    Publication Date: 2007-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Glenville Haldi, Roswell, proceeded pro se. Jonathan Marigliano, James E. Looper Jr. and Jason D. Hergenroether Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    for defendant:
    Case Number: A07A0164

    The plaintiff lacked standing to challenge enforcement of a non-compete provision in a contract between the defendants and plaintiff's desired phys