Ambiguous Punctuation Can Lead to Insurance Coverage Following a Loss

Marie Laur | Property Insurance Coverage Law Blog | March 27, 2018 A court in Georgia found coverage for a loss based on the presence of a semicolon. In the case Lee v. Mercury Insurance Company,1 the court found coverage for a home destroyed by fire based on the potential ambiguity created by a semicolon. In Lee, Ronald… Continue reading Ambiguous Punctuation Can Lead to Insurance Coverage Following a Loss

Claims Handling Requirements by State – Georgia

Robert Trautman | Property Insurance Coverage Law Blog | March 7, 2018 Steaming ahead on our 50-State claims handling tour, we now pull in to the Peach State – Georgia. Insurance carriers operating in Georgia are subject to both the Unfair Claims Settlement Practices Act1 and regulations that set forth the guidelines they must follow. An insurer in… Continue reading Claims Handling Requirements by State – Georgia

Georgia Court of Appeals Holds That Sovereign Immunity Shields County From Contractor’s Claims Based Upon Unwritten Change Orders

Robert A. Gallagher | Pepper Hamilton LLP | December 28, 2017 Fulton County contracted with SOCO Construction Company (“SOCO”) to build a cultural center near the Fulton County Airport. The contract specified that the contract sum and the contract time could only be changed according to County procedure, which required “a written, bilateral agreement (Modification)… Continue reading Georgia Court of Appeals Holds That Sovereign Immunity Shields County From Contractor’s Claims Based Upon Unwritten Change Orders

Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You

William R. Wildman, Jesse W. Lincoln and Matthew J. Bowness | Eversheds Sutherland | November 30, 2017 Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. § 14-2-510(b)(4), venue for tort actions lies “in the county where the cause of action originated,” i.e.,… Continue reading Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You

Georgia Court Clarifies Landlord Liability for Construction Defects

Chadd Reynolds. | Autry, Hanrahan, Hall & Cook, LLP | May 7, 2016 In Cowart v. Schevitz, the Georgia Court of Appeals clarified the instances in which an out-of-possession landlord can be liable in a premises liability claim. No. A15A2036, 2016 WL 563114, at *4 (Ga. Ct. App. Feb. 15, 2016). In this case, the… Continue reading Georgia Court Clarifies Landlord Liability for Construction Defects