Category Archives: Subrogation Cases
Rumsey & Ramsey obtained a judgment for $141,489.35 against a former employee of Atlanta Union Mission who used the credit of Atlanta Union Mission to obtain equipment and material that were not used in the business of Atlanta Union Mission. The Atlanta Union Mission accounting department investigation that uncovered the wrongdoing was triggered by an unusually large number of purchases of HVAC units and Freon […]
Does an insurer that paid its insured for property damage under a Georgia property insurance policy have to show that the insured was made whole before the insurer can seek reimbursement (subrogate) from the third party wrongdoer?
No, an insurer that pays its insured for property damage caused by a negligent third party does not have to show that the insured was made whole by its insurance payment before the insurer can pursue a property damage subrogation claim against the third party wrongdoer. A showing that the insured was made whole or was […]
In Georgia, can a workers’ compensation insurers lien be extinguished by a settlement agreement between the injured employee and the wrongdoer with language that the settlement does not fully and completely compensate the employee for his/her injuries?
The answer is no. In Georgia, a release and settlement agreement between an injured employee and a third party wrongdoer that contains language that the payment by the wrongdoer to the injured employee does not fully and completely compensate the injured employee for his/her injuries does not extinguish the workers’ compensation insurance company’s lien on the settlement for the workers’ compensation benefits paid to the employee for the […]
Can a Georgia workers’ compensation insurer intervene in an employee’s Georgia lawsuit against a third party in the time period after the Georgia statute of limitations for the employee’s bodily injuries has expired ?
Yes, a Georgia workers’ compensation insurer can file a motion to intervene in a Georgia lawsuit in an attempt to recover the workers’ compensation benefits it has paid to an employee, if the employee has previously filed a lawsuit against the negligent third party within the time allowed by Georgia law for the bodily injury claim. Please […]
I am a small business owner in Georgia that recently experienced a loss due to employee theft. What can I do to recover my losses?
If the employee, ex employee I presume, is being criminally prosecuted, contact the assistant district attorney or solicitor handling the criminal case and notify them in writing of the amount of your loss and that you want restitution as part of the sentence of the court. You should also review your business insurance policies and determine if there is coverage for […]
Subrogation rights are those rights afforded to insurance companies that allow them to recover from third parties an amount equal to the insurance payments the insurance companies made to an insured as a result of the wrongdoing of a third party. For example, if an insurance company pays its insured for damage to the insured’s vehicle as the […]