Legal Blog
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.
According to Statue, a Plaintiff May Seek UM Coverage Without Exhausting All Available Liability Coverage
Thus, in cases where the jury may apportion fault, UM carriers must determine their exposure by applying the percentage of fault of each tortfeasor to the total amount of damages, and factoring in the limit of each liability policy individually.
No Summary Judgment When Defendant Can be Construed to Have "Set The Stage" for The Injury
The take-away: property owners should be aware that even when there is evidence of plaintiff’s own negligence, such as deviation from a prescribed path, defendants may still need to prove that they did not set the stage, i.e., in some way entice the guest to the hazard.
Georgia Supreme Court Sides with State on Amount of Loss Requirement for Pre-Suit Notices
In the 6-1 decision penned by Justice Carol Hunstein earlier this month, the High Court found that Myers could have provided the amount of her medical expenses known at the time of her ante-litem notice and simply stated that she was still undergoing treatment.
Apportionment Prospects Narrowed for Defendants
The topic of apportionment is no stranger to our blog; we have written about the subject on several occasions.
Georgia Supreme Court to Weighs in on Amount of Loss Requirement for Ante-Litem Notices
These two cases evidence the balancing act the courts take between ensuring compliance with statutory requirements and advancing the legislative intent of the GTCA.
Medicare Discloses Individual Physician Payments
These providers collected one quarter of the $77 billion dollars in fees paid under the federal program, with the largest percentage of payments made to ophthalmologists and oncologists.
Economic Influence Behind Organized Medicine’s Opposition
Economic influence is the prime factor behind organized medicine's opposition to expanding scopes of practice for healthcare professionals regulated by licensing laws.
Plaintiff's Verdict in Trip And Fall Case Reduced Due to Evidence of Intoxication
This case exemplifies the age-old maxim: No good deed goes unpunished.
Court Rejects Plaintiff's Speculative Liability Theories in Slip and Fall Case
The defense of this case was helped in large part by the maintenance of routine inspection records and video surveillance.