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2970 Clairmont Road NE

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Atlanta, GA  30329

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October 9, 2019

            In First Acceptance Ins. Co. of GA, Inc. v. Hughes, 305 Ga. 489, 492 (2019), the Georgia Supreme Court made clear that “an insurer’s duty to settle arises when the injured party presents a valid offer to settle within the insured’s policy limits.”  In so finding, the Georgia Supreme Court noted an Eleventh Circuit opinion ruling:

[I]f an offer within the policy limits is not a prerequisite to a tortious failure to

settle suit, each insured w...

September 25, 2019

          On February 13, 2016, 14-year-old Tomari Jackson drowned while swimming in a river on a school trip in the country of Belize. His mother, Adell Forbes, filed an action on March 24, 2017, against the resort, its owner, Cobb County Government, Cobb County School District, and the chaperones on the trip. Forbes asserted claims for her son’s personal injuries before his death and for his wrongful death. The trial court dismissed the government and sc...

September 16, 2019

            On April 18, 2013, Regina Jenkins was driving with her mother, Sarah, when Kyle Keown rear-ended them and caused them both injuries.  The Jenkins filed suit against Keown on April 17, 2015, two days before the expiration of the two-year statute of limitation. After more than one year, the Jenkins attempted to serve Keown at his mother’s home in June 2016.  GEICO Indemnity Company (“GEICO”), the uninsured motorist carrier for Sarah, filed an answer and later moved for summary judgment...

September 4, 2019

          The Georgia Court of Appeals recently evaluated the trial court’s authority to apportion between two claims pursuant to a “High-Low” settlement agreement when the agreement is silent on the issue. A high-low agreement is a settlement agreement which sets a fixed range for payment such that the defendant agrees to pay the plaintiff a minimum recovery and plaintiff agrees to accept a maximum amount based on the possible outcomes at trial.  This issue wa...

July 31, 2019

            Stofer’s family sued after she suffered fatal injuries while attending a free concert which Mercer University hosted at a public park.  Mercer University v. Stofer, S18G1022 (6/24/2019).  The Recreational Property Act (“the Act”) shields from liability a property owner “who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes[.]” OCGA § 51-3-23.  The parties had diffe...

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