My article on American Empire Surplus Lines v. Hathaway Development Co. appeared as the lead article in this month's Georgia Bar Journal.
Hathaway is a very important case decided by the Supreme Court of Georgia which holds that negligent construction is an "occurrence" under a commercial general liability (CGL) insurance policy. Hathway effectively overrules a line of cases decided in the federal courts in Georgia, applying Georgia law, that held to the contrary. Hathaway provides substantial rights for Georgia insureds facing construction defect claims. The law of other states varies, but the trend in the decisions appears to be in the direction of the result in Hathaway.
The article, reprinted from the Georgia Bar Journal, can be accessed here.
Hathaway is a very important case decided by the Supreme Court of Georgia which holds that negligent construction is an "occurrence" under a commercial general liability (CGL) insurance policy. Hathway effectively overrules a line of cases decided in the federal courts in Georgia, applying Georgia law, that held to the contrary. Hathaway provides substantial rights for Georgia insureds facing construction defect claims. The law of other states varies, but the trend in the decisions appears to be in the direction of the result in Hathaway.
The article, reprinted from the Georgia Bar Journal, can be accessed here.
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