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Publication Date

12-19-2025

Document Type

Survey Article

Abstract

During this Survey period, the courts in Georgia issued several meaningful decisions in the area of insurance. In the first party context, the court reinforced its disfavor for litigants taking inconsistent legal positions to their benefit by reinforcing the robust application of the doctrine of judicial estoppel. In addition, Georgia courts revisited the propriety of the manner in which an insurance carrier evaluates actual cash value for the purposes of determining recovery for diminution in value in property claims involving damage to automobiles. Finally, courts expanded the ability of plaintiffs to recover damages for claims other than breach of contract in first party property claims litigation. In third party coverage litigation, the United States District Court for the Northern District of Georgia provided more certainty around diversity jurisdiction for liability coverage cases. The Court of Appeals of Georgia held that liability insurers can be named in a direct action involving rideshare drivers. In a case of first impression, an insurer has a duty to defend a sex-trafficking claim, even when the policy includes “abuse or molestation” and “assault or battery” exclusions. In the uninsured motorist context, O.C.G.A. § 33-1-24 abrogates the receipt of premium test for ride share cases. In addition, a passenger shot in a vehicle was not “using” the vehicle for the purposes of UM coverage.

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