Senate Bill 35 would amend O.C.G.A. § 33-24-46 to increase the notice period that insurance companies must provide to homeowners before non-renewing a property insurance policy from 30 to 60 days. The Bill made it out of the...more
On January 30, 2025, Governor Kemp introduced his "Tort Reform" plan that would redefine Georgia rules regarding civil trials and litigation financing with the ultimate aim to lower insurance costs. The Senate responded by...more
2/13/2025
/ Attorney's Fees ,
Damages ,
Evidence ,
Georgia ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Litigation Strategies ,
Negligence ,
State Legislatures ,
Tort Reform
In a recent opinion, the District Court for the Northern District of Georgia has ordered an insurer to defend an insured hotel from allegations that it negligently or intentionally permitted a minor to be trafficked for sex...more
On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more
5/1/2024
/ Auto Insurance ,
Car Accident ,
Georgia ,
Governor Kemp ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Mandatory Pre-Suit Settlement Proceedings ,
Negligence ,
Policy Terms ,
State Legislatures
In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more
A recent Texas case shows the importance of providing clear and unambiguous policy language. In Mankoff v. PURE, the insureds negated an otherwise applicable deductible by successfully arguing that the term “windstorm” was...more
Excess insurers facing claims should heavily scrutinize their policies for conditions that may be unsatisfactory —even if seemingly immaterial— because they can provide a complete defense to coverage. In a recent case, an...more
Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more
Senate Bill 426 would bar a plaintiff injured by a motor carrier from suing the motor carrier’s insurer directly unless (1) the plaintiff cannot serve the driver or trucking company or (2) the trucking company defendant is...more
Insurers attempting to accept a time-limited demand (often called a “Holt” demand in Georgia) must adhere to every term and condition of performance therein, even those that appear immaterial; otherwise, a court may find that...more
A Georgia State Representative recently introduced legislation prohibiting an insurer from relying solely on artificial intelligence to make coverage determinations. Manisha Thomas (House 65 – D) introduced House Bill 887,...more
In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term. Why? Because in the policies at issue, the policy limits paid...more