Georgia Insurance Defense Lawyer Blog

Posted by H. Lee Pruett

As defense counsel hired by insurance companies to represent their insureds, we are loath to bite the hand that feeds us. Yet that is exactly what it feels like when a plaintiff makes a demand within the liability policy limits and counsel must inform the insured of the bad faith claim they may bring against the insurance company if the company refuses to settle and a subsequent judgment exceeds the limits. What is “bad faith” in this context? And from where does this troubling duty to inform the insured spring?

Continue reading " WHEN DEFENSE COUNSEL MUST INFORM THE INSURED OF THE RIGHT TO SUE THEIR INSURANCE COMPANY FOR BAD FAITH " »

Posted by Susan J. Levy

Last week, I got lucky. For the first time, I actually found a Facebook page belonging to a Plaintiff in one of my cases: profile, wall, photos, the whole nine yards and, just 24 hours before her deposition. No smoking gun, unfortunately, but enough to make the Plaintiff and her lawyer very uncomfortable. First, I led her down the garden path. She eagerly testified about her constant neck and back pain, her inability to walk her dogs, and the overall decrease in her quality of life. Then I pulled out her Facebook posts, dating back several months, replete with status updates about walking the dogs, bathing all four dogs, and daily exclamations that “life is good.” Not one mention of neck or back pain. Suffice it to say that her privacy settings were changed, and the demand lowered by 25 percent, before the end of the day.

Continue reading " SOCIAL NETWORKING: A GOLD MINE FOR DEFENSE LAWYERS " »