The insurer timely gave the settlement check to UPS for overnight delivery to meet the payment terms of an offer. UPS then lost the check. Too bad for the insurer as the Court of Appeals concluded that “giving the payment to UPS for overnight delivery” was not enough to form …
Is a Golf Cart a Covered Vehicle Sufficient to Trigger Insurance Coverage? Short Answer: No, Summary Judgment granted. Order Granting GEICO’s MSJ
7/8/22 – Trial judge grants motion to enforce settlement, finding missing comma on a settlement check does not vary from offer terms. Order Granting Motion to Enforce Settlement
Last week, in Bennett v. Novas, the Court of Appeals ruled against an insurer that was attempting to settle a claim on behalf of its insured. Below are the operative facts: June 30, 2020: Claimant Luis Novas sent a 30-day demand offering to “resolve my personal injury claim against Ronda …
Hands-free phone calls while driving are legal under Georgia and Federal law and therefore provide no basis to support a punitive damages claim. O.C.G.A. § 40-6-241(c)(1); 49 C.F.R. § 392.82 But does the improper use of a cell phone (i.e., not hands-free) that distracts a driver and causes a wreck …
On and effective May 2, 2022, Governor Brian Kemp signed House Bill 620 amending Title 29, eliminating the need for Court approval for minor settlements below $25,000. The new law also defines “gross settlement” and “net settlement” to clarify when a conservator is required and what court handles the minor …