On January 10, 2011, Insurance and Safety Fire Commissioner Ralph T. Hudgens issued Directive 11-EX-1 (http://www.oci.ga.gov/Other/Directive.aspx?ID=385&I=133098&G=60BA4C0E) withdrawing former Commissioner Oxendine’s earlier Directive (10-EX-1 from April 2010) applying diminution in value to commercial property claims. We addressed Oxendine’s controversial directive in our Fall edition of the First Party Report (http://www.swiftcurrie.com/uploads//FPR_Fall2010.pdf ). Subsequently, Federal District Court Judge Robert L. Vining rejected a commercial property claim for diminution in value in a summary judgment order he issued on December 2, 2010, in the matter Royal Capital Development LLC v. Maryland Casualty Company. We alerted you to Judge Vining’s order in an Alert sent on December 10.

If you wish to discuss this development or this Alert, please contact a Swift, Currie, McGhee & Hiers, LLP, attorney at 404.874.8800 or via our website, www.swiftcurrie.com.

The foregoing is not intended to be a comprehensive analysis of the full effect of these changes. Nothing in this notice should be construed as legal advice. This document is intended only to notify our clients and other interested parties about important recent developments. Every effort has been made to ascertain the accuracy of the information contained within this notice.