Insurance Law

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A trap door in Georgia renewal actions for uninsured motorist insurance coverage

Georgia law allows a plaintiff in a civil lawsuit one chance to dismiss without prejudice and refile. The renewal statute, OCGA § 9–2–61, allows a plaintiff who voluntarily dismisses a timely filed suit to file suit within six months, regardless of whether the statute of limitations has run.
However, a case decided by the Georgia Court … Continue Reading

Medicare Secondary Payer Enhancement Act of 2010

One of the biggest headaches today in representing senior citizens in personal injury cases is the Medicare Secondary Payer Act.  Whenever Medicare has paid for treatment, or may in the future pay for any treatment even tangentially related, it may demand repayment out of a personal injury settlement. So far, so good, at least in … Continue Reading

Medicare reimbursement system clogs settlements for injured seniors

Injury victims who are even close to being old enough to become Medicare beneficiaries are currently victims of a Kafkaesque nightmare than adds insult to injury and interminable bureaucratic delay to the delays already involved in the court system.
The Medicare Secondary Payer (MSP) system was intended to ensure that Medicare does not pay for health … Continue Reading

Rising premiums due to economy and hurricanes, not injury claims

The insurance industry always winds up blaming injury victims and their lawyers for premium increases that result from investment losses and hurricanes.  However, there is a revealing article this week in the Atlanta Journal Constitution.
Increases of car and insurance rates of 5% to 11% in Georgia this year are — accordnig to insurance industry sources … Continue Reading

Financial downturn in the insurance industry may affect anyone with a claim

As an attorney representing people with serious injury cases in Georgia, I have to keep an eye on the solvency of the insurance companies that are contractually obligated to pay legitimate liability claims against their policyholders.  For most of my career, the solvency of insurers was seldom if ever a big concern.
In today’s economy, however, we … Continue Reading

Keep the promise of medical care for veterans’ service related injuries

 
There’s a disturbing report out of Washington that has nothing to do with truck accidents or litigation, but about which I’m writing anyway.
Reportedly the Obama administration is considering a proposal to bill veterans’ private individual insurance carriers for treatment of service-related medical conditions at Veterans Administration medical center.  Currently the VA bills insurer only for … Continue Reading

Legislation would let young adults remain on parents’ health insurance to age 25, even when out of school

Kudos to my State Senator, Judson Hill (R-Marietta), sponsor of Senate Bill 94, which if passed would allow adult offspring to maintain coverage under their parents health insurance up to age 25, regardless of school enrollment status. In the current economy, jobs of any kind are tough for young people just out of school to … Continue Reading

When truck drivers are injured or killed due to someone else’s actions

Trucking insurance policies often include $1,000,000 uninsured motorist coverage for protection of an injured or killed truck driver
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Injury claims analysis in recession includes financial health of insurers

Financial health of insurance companies must be considered in evaluating serious injury claims.
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Georgia Court of Appeals blocks remedy for motorist injured due to ladders, mattresses, etc in freeway

If you have spent much time driving on the metro Atlanta expressways you have probably seen ladders and mattresses that had fallen from pickup trucks and car roofs.  Occasionally there are cases of catastrophic injury or death caused when people traveling at expressway speeds encounter such random obstacles.
Of course it is seldom if ever possible … Continue Reading