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.

The form of a verdict and the submission of a special verdict are within the discretion of the trial court, and, absent an abuse of that...

The Court of Appeals of Georgia reversed a trial court that refused to apply the indivisible judgment rule based on the underlying...

The Court of Appeals offered guidance on the corporate continuation doctrine finding that the factors as stated at common law are the...

An offer of settlement for $3,000.00 on a $40,000.00 claim was found to not be made in good faith despite the defendant in the case...