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 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
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
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