It is common claims handling practice to use reservations of rights. Whether during an initial investigation, providing the insured with a defense, or even in the context of a denial of coverage, claims handlers routinely...more
On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more
5/3/2019
/ Ambiguous ,
Bodily Injury ,
Commercial General Liability Policies ,
Contract Interpretation ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Firearms ,
Insurance Industry ,
Interlocutory Appeals ,
Judgment on the Pleadings ,
Motion for Reconsideration ,
Negligence ,
Policy Exclusions ,
Reversal ,
Terms and Conditions ,
Wrongful Death
On March 11, 2019, the Georgia Supreme Court handed down an important decision in First Acceptance Insurance Company of Georgia Inc. v. Hughes, which further clarifies the circumstances under Georgia law for when an insurer...more
The frustration property owners must feel when the actions of another cause them to no longer be able to use their property as originally intended is certainly palpable, but when the property is not damaged and still can be...more
12/17/2018
/ Ambiguous ,
Commercial Property Owners ,
Conditional Use Permit ,
Damages ,
Insurance Claims ,
Insurance Litigation ,
Loss of Use ,
Nightclubs ,
Policy Terms ,
Property Damage ,
Rental Property ,
Tangible Property
On June 1, 2017, the U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis...more
6/19/2017
/ AIG ,
Bad Faith ,
Breach of Contract ,
Denial of Insurance Coverage ,
Firearms ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Security ,
Umbrella Policies
The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty...more
6/16/2017
/ AIG ,
Bad Faith ,
Breach of Contract ,
Denial of Insurance Coverage ,
Firearms ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Security ,
Umbrella Policies
Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more
Federal Rule 12(g)(2) generally prohibits a successive motion to dismiss based on grounds that were known at the time of the original motion. This rule was tested in VNB Realty, Inc. v. U.S. Bank Nat’l Assoc., No. 2:13-4743,...more
On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The...more
A recent opinion from the DeKalb County State Court, currently certified for appeal with the Supreme Court of Georgia, included a reminder that the protections afforded by Georgia's anti-SLAPP statute have limits. Georgia's...more
Cases involving continuous exposure present unique challenges. Determining when the alleged injury occurred is critical in evaluating causation, damages, and statute of limitations defenses. The date and nature of the...more
“You say to-may-toe; I say to-mah-toe,” or so the saying goes. According to the Eastern District of Pennsylvania in Charter Oak Insurance Company v. Maglio Fresh Food, No. 12-3967 (E.D. Penn. Sept. 9, 2014), the same can be...more
Legal bloggers sometimes ask themselves: If my post appears on the Internet, but there’s no evidence anyone has read it, have I been published? The question has not yet been finally resolved among law firm compensation...more
Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type...more