Posted On: February 9, 2011

IN GEORGIA, THE INSURED MUST REJECT UNINSURED MOTORIST COVERAGE, INCLUDING ADD-ON COVERAGE, IN WRITING

Posted by H. Lee Pruett

A recent telephone call from an acquaintance who happens to be a plaintiffs’ lawyer prompted a little research on my part to determine an insurance company’s obligations to provide uninsured motorist coverage, and how to know whether the coverage is “traditional” or “add-on.” With traditional UM, the insurance company is entitled to a setoff for any underlying liability coverage. For example, if the defendant driver has $25,000 in liability limits, and the plaintiff has $25,000 in UM coverage, the UM carrier has no exposure (assuming the liability carrier made no direct payments to satisfy any federal benefits liens). With add-on UM, the insurer would provide the full $25,000 in coverage after the defendant carrier’s payment of the liability limit. How do you know whether the plaintiff has traditional or add-on UM coverage?

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Posted On: February 1, 2011

SLIP SLIDIN' AWAY THROUGH ATLANTA

Posted by Susan J. Levy

As many of you may know, Atlanta was recently shut down due to snow and ice. Since it took almost a week for the temperature to rise above freezing for any length of time, the City was paralyzed for days. After about three days, most major roads were passable and I decided to venture out to the office. On my way, I decided to stop at Kroger to re-stock my kitchen. Much to my delight, the store was open. However, the parking lot was a sheet of ice. No caution signs, no yellow tape blocking off the worst spots, no indication of shoveling, sand or ice. As I prepared for my perilous journey from car to store, I watched a healthy looking young man go airborne and land on his derrière. I saw older folks, one with a cane, navigating the ice so precariously that I found myself holding my breath until they reached safety. Fortunately, I escaped with a few groceries and in one piece.

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