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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
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
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
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
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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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
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
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
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
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
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