Larry P. Schiffer | Squire Patton Boggs In the past 10 years or so, several ceding companies began adding run-off reinsurer clauses to their reinsurance contracts to mitigate disputes that might arise with reinsurers no longer actively in business. In a recent case, a Georgia federal court had to address whether it or an arbitration… Continue reading Who Decides Whether A Reinsurer Is A Run-Off Reinsurer?
Tag: Georgia
Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Georgia Supreme Court Addresses Anti-Indemnity Statute
David R. Cook, Jr. | Autry, Hall & Cook | September 14, 2019 In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity… Continue reading Georgia Supreme Court Addresses Anti-Indemnity Statute
Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
Lawrence J. Bracken II, Michael S. Levine and Alexander D. Russo | Hunton Andrews Kurth | April 15, 2019 The Southern District of Georgia recently ruled that Evanston Insurance Company is not entitled to summary judgment on whether its policies’ pollution exclusion bars coverage for the release of nitrogen into a warehouse. The case stems from an… Continue reading Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia
Bryan Lutz, Tiffany Powers, and Kyle Wallace | Alston & Bird | March 21, 2019 A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential exposure. The injured party must… Continue reading A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia