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Assigning Claims for Negligent Procurement of Insurance: The Court of Appeals Clarifies the Personal vs. Property Tort Divide
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.

Samuel A. Mullman
Jul 7
Assignment of LLC Membership Interest Does Not Assign Claims for Fraud
The assignment of a member's interest in an LLC does not automatically give the acquiring party the right to sue for fraud or fraudulent...

Samuel A. Mullman
Mar 9, 2021
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