A frequent strategy in commercial litigation involves an insured defendant assigning its failure-to-procure or bad-faith claims against its insurance broker or carrier to an injured plaintiff in exchange for a covenant not to execute on a judgment. However, under Georgia law, the assignability of such claims hinges heavily on a critical statutory distinction: is the claim a property tort (which is assignable) or a personal tort (which is not)? In a fresh decision, Plummer v.

Supreme Court of Georgia Rules You Cannot Use “Equitable Estoppel” to Force a Non-Signatory into Arbitration

The Court of Appeals of Georgia has found a settlement agreement lacking in the essentials of contract formation where an offeree...

The Georgia Court of Appeals reminded litigants to verify your complaint if you seek an injunction in a trial court. Parnell v. Sherman &...

In Georgia, an employer is not responsible for the torts of its independent contractor. Whitaker Farms v. Fitzgerald Fruit Farms, 347 Ga....