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By Wayne Tartline September 19, 2023 Articles
On September 6, 2023, Wayne Tartline and Chang Zhou concluded a Cobb County jury trial by obtaining a directed verdict judgment from the Court. As a result, Wayne’s client, a Marietta developer and homebuilder, did not have to await a jury verdict, as the case was summarily dismissed at the conclusion of Plaintiff’s case based upon legal arguments submitted by defense counsel.
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By Gregory R. Veal August 31, 2023 Articles
The 11th Circuit U.S. Court of Appeals has provided a detailed, cogent, and instructive opinion on Georgia’s first-party insurance bad faith statute. In Turner v. CMFG Life Insurance Co., Case No. 23-11387 (August 28, 2023), the insurer’s investigation began immediately on receipt of the claim for death benefits, continued through the statutory 60-day demand period, and ultimately resulted in full payment under the policy. The policy beneficiary was not satisfied, though, and sued to recover the bad-faith penalty (up to 50% of the amount owed) and attorney’s fees allowed by O.C.G.A. § 33-4-6. Under that statute, an insurer may be penalized for failing to pay a claim within 60 days after a proper demand, if the plaintiff can prove the failure was in “bad faith.”
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By Christina L. Gulas, Edward "Ward" Pankowski August 11, 2023 Articles
Bovis Kyle attorneys Christina Gulas and Edward “Ward” Pankowski obtained a defense verdict following a three-day jury trial in Gwinnett County. The trial was the culmination of a lawsuit that stemmed from a December 26, 2015, fall at the defendant’s used car lot.
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By David A. Harris June 30, 2023 Articles
In CDM Constructors Inc. v. Randall Mechanical Inc., No. 1:19-cv-01178-MHC (N.D. Ga. June 27, 2023), Bovis Kyle partners David Harris and Jack Burch obtained the first reported court ruling under Georgia law affirming a surety’s rights to control its principal’s affirmative claims.
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By John 'Jack' V. Burch, David A. Harris and Greg Veal June 5, 2023 Articles
Partners Jack Burch, David Harris and Greg Veal contribute to the Electronic Payment Bond Deskbook. The ABA TIPS Fidelity & Surety Law Committee has produced an excellent resource for surety claims handlers across the nation. The Electronic Payment Bond Deskbook is available now.
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