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INDIVIDUALS AND SMALL BUSINESS OWNERS: HAS YOUR INSURANCE CO. DENIED THAT YOU…

INDIVIDUALS AND SMALL BUSINESS OWNERS: HAS YOUR INSURANCE CO. DENIED THAT YOU HAD COVERAGE?

In a recent Georgia Court of Appeals case, the Court ruled that an insured husband and wife sole proprietorship trucking company, who relied on their insurance agency expertise for the amount and type of insurance coverages procured for their trucking business risks, could proceed with their claims against their insurance agency to cover uninsured losses that they believed were covered by  insurance. The Court stated that the issue in the case was whether “it would have been readily apparent to a layman reading the insurance policy, based upon the plain and ordinary meaning of clear and unambiguous language, that the risk causing the loss was not covered.” In this case, the Court ruled that a jury would determine whether the insurance policy coverages would have been readily apparent to a layman.

The takeaway from this case is that when your insurance carrier denies coverage for a loss you believe was covered based on your reliance on the expertise of your insurance agency, then you may have recourse against the insurance agency. The facts of each case are important in determining whether you have valid claims against your insurance agency for losses that you believe were covered by insurance. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your insurance case or other legal inquiry with an attorney.

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