January 23, 2023 | Legal Alerts

What Retailers Should Know About "Last Mile" Carrier Claims

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. 

January 6, 2023 | Legal Alerts

Losses Incurred in a Data Breach: How the Courts Are Determining Liability for Insurers

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. 

December 19, 2022 | Legal Alerts

Defense Verdict Obtained in a Georgia Admitted Liability Case

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.

December 15, 2022 | Legal Alerts

The Facts About Waiver of Subrogation Clauses

Subrogation allows an insurer to step into the shoes of the policyholder and file a claim against a third party who caused the damage. The theory behind a subrogation clause is that the insurance company should not have to bear the loss when someone else was to blame for the damages. Once the insurance company has paid the claim to the policyholder, it may look to see whether it can take legal action against another party to recover its losses. These claims are an important tool for an insurance company to help minimize its own losses and manage its risk.