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Great CLM Article on Funding Companies

Posted on Jan 31, 2018 in Articles

The Funding Company Predicament 

Congratulations

Posted on Oct 13, 2017 in Announcements

WACHP is proud to announce that Adam P. Smith has been named a partner at the firm.

Congratulations to Brian Williams

Posted on Sep 05, 2017 in News

WACHP is pleased to announce that Brian Williams has been named a partner to the firm.

WACHP Has a Successful May

Posted on May 25, 2017 in News

http://www.dailyreportonline.com/id=1202787314102/Associates-String-of-Trial-Successes-Kicks-Off-May-for-Waldon-Adelman?mcode=1202615995203&curindex=0&curpage=ALL

WACHP Announces New Partner

Posted on Aug 31, 2016 in Announcements

WACHP is pleased to announce that Rakhi McNeill has been named a partner of the firm.

WACHP Announces New Partner

Posted on Jul 07, 2016 in Announcements

We are pleased to announce that Kevin Reardon has been named a partner of the firm.

Medical Funding Companies: A New Problem for an Old Rule

Posted on Jun 10, 2016 in Articles

WACHP is pleased to post a new article written by Rachel Reed, Clay Knowles, and David Glustrom that was recently published in the GDLA newsletter. Medical Funding Companies: A New Problem for an Old Rule

Congratulations

Posted on May 11, 2016 in Announcements

WACHP would like to congratulate Jonathan Adelman, Dan Prout, Trevor Hiestand, and Russell Waldon for being named 2016 Georgia Super Lawyers.  WACHP would also like to congratulate Rakhi McNeill and Ashley Rice for being named 2016 Georgia Rising Stars.

Georgia Supreme Court Allows Non-Party Apportionment of Fault to Plaintiff’s Employer for Negligent Entrustment

Posted on Sep 17, 2015 in Announcements

On July 6, 2015, in the case of Zaldivar v. Prickett et al., No. S14G1778, 2015 WL 4067788, the Supreme Court of Georgia unanimously held that Georgia’s apportionment statute allowed a jury to apportion some fault for plaintiff’s damages to plaintiff’s employer. The case concerned an automobile accident between two drivers where the defendant alleged that the plaintiff’s employer was partially responsible for its employee’s injuries based on negligent entrustment. The defendant argued that the jury should be allowed to apportion some fault to the non-party employer based upon its allowing the plaintiff to drive a company truck on business, even though three complaints had been filed against him for poor driving. In ruling in favor of the defendant, the Court held that Georgia’s 2005 apportionment statute, O.C.G.A. § 51-12-33, requires the trier of fact to consider the fault of a non-party (i.e., the plaintiff’s employer) when the non-party is shown to have committed a tort against the plaintiff that was a proximate cause of the plaintiff’s injury. Specifically, the Court held that the apportionment statute contemplates the fault of every tortfeasor, regardless of whether he or she may have an affirmative defense or claim of immunity against liability to the plaintiff. The Court also explained that a non-party’s negligent entrustment of an instrumentality can be a proximate cause of an injury to the person to whom the instrumentality was entrusted. This is known as “first-party” negligent entrustment, which is typically not a workable legal theory of recovery available to […]

Consent to Settle Clause Upheld

Posted on Sep 17, 2015 in Announcements

On April 20, 2015, the Georgia Supreme Court held that an insured’s negligent failure to settle a claim against an insurance company was barred when the insured settled the underlying claim against it without the insurance company’s authorization. Piedmont Office Realty Trust v. XL Specialty Insurance Company, 771 S.E. 2d 864 (2015). There, the applicable insurance policy contained a “consent-to-settle” clause and a provision that there could be no action against the insurance company without full compliance with the provisions of the policy. The insurance company provided a defense to the insured in the underlying case. The insured consented to a settlement without the insurance company’s authorization and then attempted to recover the settlement amount from the insurance company. The Georgia Supreme Court held that the insured could not sue for bad faith refusal to settle. The Georgia Supreme Court recognized, however, that if the insurance company denied coverage outright and refused to provide any defense, the insured could enter into a settlement agreement without the insurance company’s authorization and then proceed with a potential bad faith action against the insurance company.