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  • American Southern Insurance Company v. SPN Trans, LLC. et al.

    Publication Date: 2021-06-30
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Denise Spitalnick, Samuel Sykes, John Easley, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: David Wood, (David H. Wood, P.C.), Atlanta, Daniel Gholston, Barry Zimmerman, (Zimmerman & Associates), Norcross, for appellee.
    Case Number: A21A0174

    Court affirms that an insurance carrier is liable to provide policy coverage for an accident that occurred while a truck was being used for non-trucking purposes

  • Wright v. Nelson

    Publication Date: 2021-04-13
    Practice Area: Contracts | Insurance Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Curtright, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: James Creasy, (The Law Offices of James K. Creasy, LLC), Atlanta, Joseph Cruser, Maggie Beall, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Norcross, for appellee.
    Case Number: A20A1868

    Trial Court Erred in Denying Personal Injury Action Defendant's Motion to Enforce Settlement Agreement; Insurer Had Accepted Personal Injury Action Plaintiff's Settlement Offer

  • Emery v. Guarantee Trust Life Insurance Company

    Publication Date: 2021-02-16
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Matthew Dominick, (Matthew W. Dominick, PC), Cumming, for appellant.
    for defendant: Joelle Sharman, John Rose, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee. Daniel Parr, (Weaver Law Firm), Gainesville, for other party.
    Case Number: A20A2082

    Court affirms summary judgment for insurer where it paid a death benefit to the person whose name appeared on a change form, notwithstanding suggestions of fraud

  • Atlantic Specialty Insurance Company v. City of College Park et al.

    Publication Date: 2020-12-14
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Seth Friedman, Christopher Meeks, (Lewis Brisbois Bisgaard and Smith), Atlanta, for appellant.
    for defendant: Karen Woodward, (Cruser & Mitchell, LLP), Norcross, Alwyn Fredericks, (Attorney at Law), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, for appellee. Reginald McClendon, (Lister & Holt, LLC), Jonesboro, Alisha Wyatt-Bullman, (City of Atlanta Law Department), Atlanta, for Other party.
    Case Number: A20A1104

    Court affirms higher $5 million liability insurance limit in wrongful death action against a city and rejects insurer's argument for a lower limit per contractual exclusion

  • Premier Eye Associates, P.C. v. Mag Mutual Insurance Company

    Publication Date: 2020-07-23
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Douglass, (Sites & Harbison, PLLC), Atlanta, Willis Green, (Attorney at Law), Atlanta, Semra Kebede, (Law Offices of W. Bryant Green, III, P.C.), Atlanta, for appellant.
    for defendant: Jay Barber, Janis Spillers, (Litchfield Cavo, LLP), Atlanta, for appellee.
    Case Number: A20A0373

    Court affirms summary judgment for an insurer in a coverage dispute when insured party filed lawsuit after 2-year policy limitation period

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  • Joseph v. Certain Underwriters at Lloyd's London

    Publication Date: 2020-07-16
    Practice Area: Insurance Litigation | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Harry MacDougald, Cullen Wilkerson, (Caldwell, Propst & Deloach, LLP), Atlanta, for appellant.
    for defendant: William Bryant, Kim Jackson, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Blakely Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee. Julia Stone, James Cobb, Benjamin Cheesbro, (Caplan Cobb LLP), Atlanta, for other party.
    Case Number: A20A0111

    Court reverses summary judgment for an insurer in a professional liability case because of the trial court's misinterpretation of facts and other open factual matters

  • Bell v. State Farm Mutual Automobile Ins. Co.

    Publication Date: 2020-06-08
    Practice Area: Civil Procedure | Insurance Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Dorer, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: Joseph Kaiser, (Groth & Makarenko), Suwanee, for appellee.
    Case Number: A20A0342

    Injured Motorist Who Named Tortfeasor Defendant as 'John Doe' Cannot Now Pursue Uninsured Motorist Benefits Against Insurer; Condition Precedent Not Met

  • Hicks v. Gabor et al.

    Publication Date: 2020-04-24
    Practice Area: Insurance Litigation
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Charles Dalziel, (Gregory, Doyle, Calhoun & Rogers, LLC), Atlanta, for appellant.
    for defendant: Steven Lefkoff, (Lefkoff Law, LLC), Atlanta, Matthew Jones, John Padesky, (Busch, Reed, Jones & Leeper, P.C.), Marietta, Charles Murphy, (Vaughan & Murphy), Atlant, Matthew Steakley, Atlanta, for appellee.
    Case Number: A19A1648

    Court reverses dismissal of interpleader claimant from surety bond action but affirms dismissal of her counterclaim and other trial court orders

  • Helton v. United Services Automobile Association

    Publication Date: 2020-04-17
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Oliver Horne, (Reynolds, McArthur & Horne), Macon, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
    for defendant: Jon Wolfe, Lillian Bittick, (Chambless Higdon Richardson Katz & Griggs, LLP), Macon, for appellee. Mark Maholick, (Hall Booth Smith, P.C.), Columbus, for other party.
    Case Number: A19A1950

    Court reverses summary judgment order for insurer and remands case for further consideration of injured party's arguments on choice of law

  • Southern Trust Insurance Company v. Mountain Express Oil Company

    Publication Date: 2019-07-08
    Practice Area: Insurance Litigation
    Industry: Energy | Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Oren, Christopher Arnold, (Jones Cork & Miller LLP), Macon, for appellant.
    for defendant: James Johnston, (Attorney at Law), Atlanta, for appellee.
    Case Number: A19A0018

    Court affirms summary judgment in favor of an insured party in a coverage dispute