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  • 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.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Tyson et al. v. Scottsdale Indemnity Company

    Publication Date: 2017-10-13
    Practice Area: Civil Appeals | Insurance Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Brent Savage (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Philip Savrin, Connor Bateman (Freeman Mathis & Gary, LLP), Atlanta; Walter Adams (Attorney at Law), Brunswick, for appellee.
    Case Number: A17A1824

    The trial court properly granted summary judgment to insurer in plaintiff's suit arising after he suffered serious injuries when he was hit by a tree limb while on the job, as the trial court did not err in ruling that the insurance policy excluded plaintiff from coverage.