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News & Resources
By Greg Veal June 14, 2018 Articles
Have you ever battled a lender over priority to contract funds? [Sure you have.] And have you ever taken collateral or collected indemnity without knowing the source of the funds? [Same answer.] But have you ever been sued by a bank for taking collateral or collecting indemnity? When faced with demands for collateral and indemnity, indemnitors may voluntarily grant the surety a security interest in properties previously conveyed to family or controlled entities without consideration. Indemnitors may even post cash collateral or make payments against their liability under the GAI. A disappointed lender, learning of those transactions, could then sue the surety—it has happened. Read More
By June 14, 2018 News/Events/Seminars
On June 13, 2018, the Georgia Court of Appeals affirmed a declaratory judgment order issued by a Gwinnett County Superior Court judge... Read More
By John Bovis May 28, 2018 Articles
There are many things to consider in a divorce, but protecting your assets and financial security should be a priority.
This is even more important when you have a business that’s been passed down to you as an inheritance. Read More
By May 14, 2018 News/Events/Seminars
Bovis Kyle’s recent representation of a surety client in the Georgia Supreme Court has made the news. On May 11, 2018, the Fulton County Daily Report published “Ga. Justices Toss Punitive Damages Against Surety for Conservator’s Theft.” The Daily Report interviewed Tim Burson for the article on the arguments Bovis Kyle successfully pursued on behalf of a surety client. Read More
By John Bovis May 14, 2018 Articles
Managing and protecting your business during a divorce is critical to your personal, professional, and financial security.
Business assets may be at risk for being divided up between both parties, causing disruptions to you, your business operations, and the revenue it generates. Read More
By Tim Burson May 7, 2018 Articles
Bovis Kyle won for the surety in a landmark decision from the Georgia Supreme Court holding that, without specific statutory authority, a surety cannot be assessed liability for its principal’s punitive damages. In Estate of Gladstone, No. S17G1472 (Ga. May 5, 2018), the court reversed an award of punitive damages against The Ohio Casualty Insurance Company. The decision not only benefits commercial probate sureties but reinforces existing law applicable to contract bond sureties as well. Read More
By Jack Burch April 25, 2018 Articles
When the principal on a Miller Act project ceases to perform and a demand is made on the surety, the challenges in working out a takeover agreement with the Government begin. In this article we discuss three issues that crop up: 1) the necessity of a declaration of default to the surety’s performance, 2) whether a contracting officer has authority to accept a tender agreement, and 3) how to contest a claim for pre-default liquidated damages. Read More
By April 23, 2018 Articles
There are unique challenges that business owners face in a divorce when both spouses own the business. Like personal assets, those related to your business may need to be divided according to existing agreements or decisions made by the courts.
Equitable distribution consists of determining the time and manner in which assets were acquired in order to divide them between both parties. Read More
By John M. Bovis April 9, 2018 Articles
Dividing assets in a divorce will have a lasting impact on your personal and professional future. Many couples share ownership of a business, making it subject to equitable distribution. But dividing a business when one spouse owns the business may lead to other challenges that both parties need to understand. Read More
By April 6, 2018 News/Events/Seminars
In addition to being a Partner at Bovis, Kyle, Burch & Medlin, LLC, Attorney Marilyn Kapaun is an adjunct professor in the Andrew Young Policy Studies School at Georgia State University. She recently met with Andrew Young ... Read More