Many times, victims of significant injuries are left with multiple defendants (or their insurance companies) claiming that they are not responsible for the loss. In many instances, insurers are not completely forthright about their potential applicable coverage until suit is filed by the injured claimant. Sometimes, extra insurance policies are not disclosed until these insurers are required by subpoena to provide. In the context of motor carrier cases, the complexity of the owner-operator / lease arrangement is often used to the defense's benefit in improperly claiming that a driver was not an insured at the time of a collision. What many practitioners overlook is the unique relationship that these liability insurers have with their insured. Insurers are required to give equal consideration to both their policyholder / insured's interests and their own shareholder's interests. Insurers are required to act in good faith towards their insureds by settling potential claims or providing an adequate defense. Under Georgia law, there is a strong presumption towards the existence of coverage if a liability policy was in effect at the time of the loss.
At the Houghton Law Firm, we have undertaken successful representation on complex insurance coverage matters as counsel for both the injured Plaintiff, as well as individual counsel for insureds who have become exposed to these claims by insurers.