Georgia Insurance Defense Lawyer Blog

Posted by Susan J. Levy

In yet another blow to the healthcare industry, Judge Diane Bessen issued an Order on February 9, 2009, striking down Georgia’s caps on noneconomic damages (pain and suffering) in medical malpractice cases. Nestlehutt v. Atlanta Oculoplastic Surgery, P.C., d/b/a Oculus, Fulton County State Court, Civil Action File No. 2007EV002223-J.

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Posted by H. Lee Pruett

A close majority in the Georgia Supreme Court recently ruled that the “acceptance doctrine” is still viable in this state. In Bragg v. Oxford Constr. Co., Case No. S08G1031 (Ga. S. Ct., Feb. 9, 2009), the Court split 4-3, with the dissent arguing that Georgia should follow the modern trend in numerous other states and reject the doctrine. Under the acceptance doctrine, a contractor is not liable for injury to a third person which results from the defective design of the work when the contractor does not hold itself out as a design expert, performs the work without negligence, and the work is accepted by the owner.

Continue reading " GEORGIA SUPREME COURT REAFFIRMS “ACCEPTANCE DOCTRINE” TO ABSOLVE CONTRACTOR IN ROAD CONSTRUCTION DEFECT CASE " »

Posted by Susan J. Levy

For insurance defense lawyers, the issue of driving while talking on a cell phone is ubiquitous. While many of us are probably guilty of talking on the cell phone, emailing, or even texting while driving, more and more cases involve drivers who have injured someone or been injured by someone using a cell phone.

Continue reading " THE MANY AND VARIED IMPLICATIONS OF CELL PHONES FOR GEORGIA INSURANCE DEFENSE LAWYERS AND THEIR CLIENTS " »

Posted by H. Lee Pruett

An uninsured motorist carrier may subrogate against an uninsured or underinsured at-fault driver in the event of any payment of uninsured motorist coverage to the plaintiff-insured. In a recent case, McClellan v. Evans, Case No. A08A1277 (Ga. Ct. App., Nov. 17, 2008), the Georgia Court of Appeals ruled that the trial court did not abuse its discretion in prohibiting the plaintiffs’ attorney from cross examining the defendant about an agreement he had reached with the plaintiffs’ uninsured motorist carrier concerning the carrier’s waiver of subrogation against the defendant.

Continue reading " GEORGIA COURT OF APPEALS RULES THAT UNINSURED MOTORIST CARRIER’S WAIVER OF RIGHT OF SUBROGATION CANNOT BE REVEALED TO THE JURY " »