© 2019 Buckley Christopher P.C.

2970 Clairmont Road NE

Suite 650

Atlanta, GA  30329

(404) 633-9230

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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...

October 16, 2018

                Regina Boyd was an invitee at a store leased and occupied by Big Lots Stores, Inc. (“Big Lots”), which was located in a shopping center with a common area parking lot owned by the shopping center owner/lessor.  Boyd left Big Lots and was injured when she slipped and fell in the parking lot.  Boyd sued Big Lots claiming that her injury was proximately caused by the negligence of Big Lots: (1) to discharge the du...

October 1, 2018

                On April 3, 2015, Verlinda and Kevin Jones were test-driving a car owned by Five Star Automotive Group (“Five Star”).  While on the test-drive, the Joneses vehicle was rear-ended by a vehicle driven by Rashod Lamar.  The Joneses did not own a personal auto insurance policy and sought to recover damages for their alleged injuries from Lamar.  The Joneses also served a copy of the action on Federated Mutual, Five...

December 22, 2017

            On September 28, 2010, Gloria Silva was a passenger in a car involved in a motor vehicle collision with James Glover.  On March 27, 2015, Silva settled her personal injury claim with Glover for $36,950, the remaining amount of liability coverage available under Glover's Allstate policy.  Following the settlement, Silva amended her complaint in a renewal suit to include a claim that the collision was covered by her uninsured motorist (...

December 5, 2017

            Following an accident where a Blue Ridge Auto Auction (“Blue Ridge”) employee lost control of a car and struck many people attending an auction, Blue Ridge filed an action against Acceptance Indemnity Insurance Company, Inc. (“Acceptance”) because it failed to defend Blue Ridge in certain personal injury actions and failed to pay the resulting claims.  Blue Ridge Auto Auction v. Acceptance Indem. Ins. Co., Inc., 2017 WL 4784396 (...

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