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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
Court of Appeals Offers Guidance on Ratification of Independent Contractor's Wrongful Acts
In Georgia, an employer is not responsible for the torts of its independent contractor. Whitaker Farms v. Fitzgerald Fruit Farms, 347 Ga....

Samuel A. Mullman
May 6, 2022
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