insurance

Georgia Court Holds Underinsured Motorist Policy Would Not “Duplicate” Prior Damages

December 18, 2015 | Benjamin S. Persons, IV

If you are seriously hurt in an accident, there are many types of legal injuries that may entitle you to compensation. In addition to paying your immediate medical bills following an accident, you may face future expenses for ongoing care. You may also face lost wages—again, present and future—as well as pain and suffering.

In car accident cases, if a negligent driver lacks sufficient insurance to compensate you for all of your injuries, your own insurance carrier may be responsible pursuant to uninsured/underinsured motorist (UM) coverage. The exact amount of coverage you receive depends on the specific language of your policy. Unfortunately, litigation often arises between accident victims and their insurance carriers over the interpretation of such language.

Mabry v. State Farm Mutual Automobile Insurance Company

Georgia Mother Allowed to Proceed With Lawsuit Against Daughter’s Auto Insurer

December 13, 2015 | Benjamin S. Persons, IV

If you have been in a car accident, your insurance company may attempt to employ every proverbial trick in the book to deny you coverage. Georgia courts are also predisposed to strictly interpret insurance contracts to avoid any ambiguity that may favor the insured party. There are exceptions, as illustrated by a recent Georgia Court of Appeals decision.

King-Morrow v. American Family Insurance Company

In this case, the plaintiff was a woman living with her adult daughter. The daughter held an automobile insurance policy that included uninsured motorist (UM) coverage. The UM coverage applied to “relatives living in the policy holder’s household,” which included the mother.

Georgia Truck Driver Not Entitled to Insurance Benefits After Getting Hit By Log

December 4, 2015 | Benjamin S. Persons, IV

Uninsured motorist coverage is designed, among other things, to compensate you if you are in an accident with an unknown vehicle. A common example is a “hit and run” where the offending driver speeds away and is never identified. In such cases, your insurance carrier is supposed to provide uninsured motorist benefits. You should always keep in mind that insurance is a contract governed by state law, and as with any contract, there may be unusual circumstances that are not covered by the policy.

American Alternative Insurance Company v. Bennett

The Georgia Court of Appeals recently addressed such an unusual case. The plaintiff in this case was driving his tractor trailer down a road in Brantley County, Georgia. According to his testimony, a second tractor-trailer transporting “a load of logs” passed him going in the opposite direction. Shortly thereafter, “a log hanging off of the oncoming log truck struck plaintiff’s tractor, shattering the windshield and causing shattered glass to impact the plaintiff’s eyes and face.”

Appeals Court Holds Estate Cannot Directly Sue Insurer Over Fatal Van Accident

March 19, 2015 | Benjamin S. Persons, IV

Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are exceptions to this rule, as the Georgia Court of Appeals explained in a recent decision.

Mornay v. National Union Fire Insurance Co.

This case arose from the death of a 69-year-old woman who had been living in a nursing home. The woman was also receiving Medicaid benefits. The State of Georgia had a contract with a motor carrier to provide transportation services for Medicaid patients. The contractor, in turn, hired a subcontractor to help carry out the state contract.