Category archive: Georgia

Insured’s Bankruptcy Does Not Shield Insurer From Bad Faith Claim In Excess Of Limits Under Georgia Law

Summary:  The Court of Appeals of Georgia, relying on Georgia state law and federal bankruptcy statutes, held that the bad faith claim, and the potential for a verdict in excess of policy limits, survived an insured’s bankruptcy. Flanders, et al. v. Jackson In the underlying tort case, the plaintiff’s 16-year-old son was a passenger in…

Enforceable Vertical Exhaustion Clauses Effectively Barred Bad Faith Claim in Uninsured Motorist Claims in Georgia

Summary: Gary Coker was injured in a car accident after a vehicle driven by Donald Woodall crossed the center line and hit Coker head-on. Coker was driving a vehicle owned by his employer, Ansco & Associates. After filing suit against Woodall, Coker obtained a $5.5 million consent judgment. However, Woodall’s automotive insurance policy provided limits…

Fact Issues Regarding Insured’s Failure to Cooperate Defeat Bad Faith Summary Judgment

Summary: R & G sued American Family for breach of contract and statutory bad faith penalties after sustaining two separate property damage losses that were both denied under the vacancy exclusion and for R & G’s failure to cooperate in the investigations. On appeal the court found the trial court properly denied the insured’s motions…

After Burglary Loss Georgia Appellate Court Gives Split Decision to Insurer

Summary: Insured brought breach of contract and bad faith claim against commercial property insurer for denial of coverage for the cost of labor to replace fixtures stolen from insured’s vacant rental home and the cost of lost monthly rent after the rental home was burglarized. The trial court entered summary judgment in favor of the…

The Lack of Coverage Bars Common Law and Statutory Bad Faith Claims

Summary: Cincinnati Insurance concluded that it had no duty to defend tenant Moon for a child’s drowning death in a swimming pool while Moon was babysitting the child. The Northern District of Georgia agreed with Cincinnati and the 11th Circuit Court of Appeals affirmed. Moon v. Cincinnati Insurance Company The Moons were tenants at property…


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