Burden on The Insured/Plaintiff to Prove the at-Fault Driver Was an Uninsured Motorist

The solution-and liability insurers should take note-is for the plaintiff to obtain discovery “from the insurer regarding its efforts to contact its insured and its lack of success in securing cooperation.”

Insurance DefenseLee PruettJuly 16, 2015levy pruett cullen, georgia supreme court, burden of proof, cross motion, uninsured motorist, at-fault driver, denial of coverage

When an Uninsured Motorist Carrier Answers in its Own Name, it Must Do So Within the Time Provided or Risk Default Judgment

It is established law in Georgia that when an insurance company is served with a complaint as the plaintiff’s uninsured motorist carrier, the carrier has the option of answering in the name of the defendant, answering in its own name (and raising policy defenses), or filing no answer at all.

Insurance DefenseLee PruettDecember 22, 2014civil practice act, insurance company, uninsured motorist, levy pruett cullen

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