Client Alerts

Georgia Supreme Court Upholds One-Year Suit Limitation Provisions in Multi-Line Policies
June 26, 2012

On two certified questions from the United States Court of Appeals for the 11th Circuit, the Georgia Supreme Court unanimously held that a former Georgia Insurance Commissioner exceeded his legal authority when issuing a regulation requiring all property insurance policies to contain at least a two-year suit limitation provision. O.C.G.A. § 33-32-1(a) requires that all fire policies issued in Georgia conform to certain minimum standards as set forth in the Standard Fire Policy. The Commissioner is vested with authority to specify the terms of the Standard Fire Policy. For years, the Standard Fire Policy contained a one-year suit limitation provision. In 2006, the Commissioner changed the limitation period to two years in the Standard Fire policy. Ga. Comp. R. & Regs. 120-2-10-.01. Simultaneously, the Commissioner issued a companion Regulation, 120-2-20-.02. This second regulation attempted to require that all lines of property insurance conform to the Standard Fire Policy by containing at least a two-year period suit limitation period.

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Swift Currie iPhone App Now Available for Download
May 14, 2012
Attention all iPhone users -- Be sure to download the NEW Swift Currie app directly onto your iPhone. The app provides you with numerous resources in the palm of your hand. Check out our workers' compensation calculators, attorney contact list and extensive list of firm cheat sheets and information. Scan the QR code on the left to be taken directly to the Swift Currie app in the iPhone App Store. Read More
Apportionment of Fault Applies Even When Plaintiff Not to Some Degree at Fault
April 16, 2012

The Supreme Court of Georgia has recently held that apportionment of fault among defendants and to non-parties under O.C.G.A. § 51-12-33 applies even where the plaintiff is not to some degree at fault. McReynolds v. Krebs, -- Ga. – (2012), S11G0638 (March 23, 2012).

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Workers’ Compensation Expedited Dispute Resolution
February 15, 2012
The Georgia State Board of Workers’ Compensation has implemented a new policy for the “Expedited Resolution of Issues.” We have included the complete text of the policy as released by the State Board at the end of this alert.

Essentially, this policy provides claimant’s attorneys with the opportunity to schedule a conference call with an administrative law judge (ALJ) for the purpose of discussing an issue raised at the request of the claimant’s attorney. Read More
Failure to Award Attorney’s Fees Following Defense Verdict After Defense “Offer of Settlement” Affirmed by Court of Appeals
February 9, 2012
On December 1, 2011, the Georgia Court of Appeals affirmed a ruling by a local trial court denying attorney’s fees to defendants following a defense verdict, despite the defendant making an “offer of settlement” pursuant to O.C.G.A. § 9-11-68. See Great West Ca. Co. v. Bloomfield, Case No. A11A1454 (Ga. Ct. App., Dec. 1, 2011). In so finding, the Court held a $25,000 pre-trial offer of settlement was not made in “good faith” and, therefore, held it could deny an award of attorney’s fees under the statute. Read More
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