News & Events

By some accounts, Hurricane Ian was the third-costliest weather disaster in history. It was also the strongest category 4 hurricane to hit Florida in almost two decades. In the wake of severe weather events like Hurricane Ian, insurance companies face a deluge of claims to process and handle. Insurance companies have a legal right to subrogate, meaning that they have the legal right to seek payment from third parties that bear some or all of the liability for the damage that is the subject of a claim. Oftentimes, when an insurance company subrogates, it is seeking damages from the contractor that built the structure in the first place. Here is what insurance companies need to know when considering whether to subrogate a claim in the wake of a severe weather event like Hurricane Ian.

The fact that employees are not physically at their work site does not mean that the potential for workers’ compensation claims is eliminated. In some ways, there is even more of a risk that an employee may be injured because the company cannot supervise how they do their work to the same extent they would if they were on a work site. Even with detailed instructions about work safety, employees may still put themselves at risk for injury. Thanks to the rise in remote work, there may be more complex issues surrounding workers' compensation claims now compared to when most employees did their work at a work site.

The surge in online shopping has changed the face of shipping throughout the country. Both delivery schedules and customer service considerations have led to a surge in “last mile” shipping. The increasing use of this delivery model has forced retailers and shippers to consider new avenues for potential liability once goods are shipped. 

Companies and their customers have increasingly fallen victim to cybersecurity incidents. Hackers have found numerous ways around safeguards to perpetrate frauds, which have caused large losses to companies. Not only have their own assets been stolen, but defrauded customers are also filing lawsuits against companies that have suffered cybersecurity incidents. As a result, companies have to incur large expenses to defend against these lawsuits. The first thing they often do is look to their insurance company to cover the losses and defend them against the claims; but if a dispute arises, courts do not take a uniform approach in determining whether these kinds of losses are covered. 

Joshua C. Canton, managing partner of the firm's Thomasville, Georgia office, and Justin B. Hales, an associate in the firm’s Thomasville, Georgia office obtained a defense verdict in an admitted liability case involving a semi-tractor in Spalding County, Georgia following a three day jury trial. Plaintiff claimed that the crash lead to his need for a reconstruction of his mandible and asked for $1.8 million at trial. Defendant argued that Plaintiff's mandible reconstruction was caused by a preexisting condition and that Plaintiff was not injured in the crash. The jury came back with a defense verdict in 2 hours.