On January 30, 2025, Governor Kemp introduced his "Tort Reform" plan that would redefine Georgia rules regarding civil trials and litigation financing with the ultimate aim to lower insurance costs. The Senate responded by...more
2/13/2025
/ Attorney's Fees ,
Damages ,
Evidence ,
Georgia ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Litigation Strategies ,
Negligence ,
State Legislatures ,
Tort Reform
On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more
5/1/2024
/ Auto Insurance ,
Car Accident ,
Georgia ,
Governor Kemp ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Mandatory Pre-Suit Settlement Proceedings ,
Negligence ,
Policy Terms ,
State Legislatures
In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more
A recent Texas case shows the importance of providing clear and unambiguous policy language. In Mankoff v. PURE, the insureds negated an otherwise applicable deductible by successfully arguing that the term “windstorm” was...more
Excess insurers facing claims should heavily scrutinize their policies for conditions that may be unsatisfactory —even if seemingly immaterial— because they can provide a complete defense to coverage. In a recent case, an...more
Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more
Insurers attempting to accept a time-limited demand (often called a “Holt” demand in Georgia) must adhere to every term and condition of performance therein, even those that appear immaterial; otherwise, a court may find that...more
In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term. Why? Because in the policies at issue, the policy limits paid...more