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.
Read MoreThus, 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.
Read MoreThe 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.
Read MoreIn 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.
Read MoreThe topic of apportionment is no stranger to our blog; we have written about the subject on several occasions.
Read MoreThese two cases evidence the balancing act the courts take between ensuring compliance with statutory requirements and advancing the legislative intent of the GTCA.
Read MoreThese 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.
Read MoreEconomic influence is the prime factor behind organized medicine's opposition to expanding scopes of practice for healthcare professionals regulated by licensing laws.
Read MoreThis case exemplifies the age-old maxim: No good deed goes unpunished.
Read MoreThe defense of this case was helped in large part by the maintenance of routine inspection records and video surveillance.
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