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Posted by H. Lee Pruett

It is established law in Georgia that when an insurance company is served with a complaint as the plaintiff’s uninsured motorist carrier, the carrier has the option of answering in the name of the defendant, answering in its own name (and raising policy defenses), or filing no answer at all. The Georgia Court of Appeals recently held these options do not give the UM carrier the right to disregard the time requirements of the Civil Practice Act when the carrier voluntarily enters the case by filing an answer in its own name. Kelly v. Harris, Case No. A14A1004, 2014 Ga. App. LEXIS 776 (Ga. Ct. App., Nov. 18, 2014).
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Posted by Christina Cribbs
Welcome to every defense attorney’s worst nightmare: Your client, a restaurant or retail business, is being sued by a former customer. The lawsuit is delivered to the business by a local Sheriff or a special process server who hands the lawsuit to the first person he sees when he walks in the door, the cashier. The cashier is unfamiliar with the ligation process, is very busy handling customers, and forgets about the “paperwork” she received. The lawsuit ends up in a pile somewhere, or maybe even the trash, and never makes it to the home office or to the insurance company. We all know where this is leading; straight to default. Your client does not answer on time and must face the consequences, which could be significant.
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