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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
The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement
The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement

Samuel A. Mullman
May 28
COA Clarifies the Proper Standard for Substituting John Doe Defendants and the Correct Standard for Determining Personal Jurisdiction on a Motion to Dismiss
In Monroe v. Mayfield Self Me-064 Storage , the Court of Appeals recently tackled two key procedural issues: (1) the proper method for...

Annie Seay
Jan 28, 2025
Court of Appeals Offers "Collusion" Definition for Vanishing Venue Disputes
The Court of Appeals of Georgia has stated – for the first time – a definition of collusion in the context of vanishing venue. Proof of...

Samuel A. Mullman
Sep 23, 2024
Georgia Court of Appeals Changes Standard from Clearly Erroneous to De Novo to Govern Self-Contradictory Testimony
The Court of Appeals has overturned decades of precedent on the question of the standard for self-contradictory testimony in Pollard v....

Samuel A. Mullman
Jun 26, 2024
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