Publications Archive

Kevan Dorsey, along with Georgia Municipal Association assistant general counsel Caroline Dorsey, authored an article for the December 2019 issue of ACC Docket, the flagship publication for the Association of Corporate Counsel. The two addressed the challenge for attorneys to balance their organization’s interest and the duty to respond when they receive a document request in litigation.

In an article published in the November 2019 issue of Modern WorkTruck Solutions, Gillian Crowl provides guidance to motor carriers on the importance of keeping and maintaining key information required to ensure compliance with the Federal Motor Carrier Safety Administration (FMCSA).

For more details on what records carriers should gather — and how — please read the full article here.

Trey Dowdey authored an article for the October 2019 issue of CLM Magazine guiding readers on how to determine whether to deny a workers’ compensation claim.

For the full article, please click here.

In an article for PropertyCasualty360 published on Oct. 1, 2019, Lane Finch and Brandon Clapp discuss the American Law Institute’s (ALI) Restatement of the Law of Liability Insurance, which was approved in May 2018, and how it continues to prove controversial in the insurance industry, as well as the various court interpretations and state legislations addressing these controversies.

To read the full article, please click here.

In an article for Construction Executive, Brian Richardson discusses how general contractors should create and implement a prequalification program to confirm subcontractors have the proper insurance coverage and are qualified and capable of performing their scope of work on a project. In fact, developing a program that requires proof of compliance with the general contractor’s prequalification program may be required by a general contractor’s commercial general liability (CGL) policy as a precondition to coverage.

Click here to read the full article.

Birmingham-based attorney Brandon Clapp partnered with Alan Ronson, claims manager with Markel Corporation, to author "Refuting Fake News" for the September 2019 issue of CLM Magazine.

Read the full article in CLM magazine by clicking here.

In an article published on July 30, 2019 for Georgia CEO, Jeff Stinson discusses the recent changes to Georgia workers’ compensation laws that went into effect on July 1.

To view the full article, please click here.

Partner Melissa Segel and Jonathan Morgan, senior litigation specialist at Georgia Farm Bureau, authored an article discussing proper management of fraud investigations for the July 2019 issue of CLM Magazine.

For the full article, please click here.

Murray Flint authored an article published in the July 2019 edition of Trials and Tribulations, the newsletter of Defense Research Institute's (DRI) Litigation Skills Committee, which discussed challenges for attorneys defending against claims in which the plaintiff seeks compensation for pain and suffering, but not for medical expenses.

For the full article, please click here.

In an article published in the July 2019 issue of CLM Magazine, Trey Dowdey provided insight on workers' compensation claims and how different disabilities and their costs differ depending on the state.

For the full article, please click here.

In an article published in Fleet Owner on June 21, 2019,  and in American Trucker's July/August print issue, attorney Beth Bentley provided guidance on how transportation companies can get ahead of a claim in the unfortunate scenario of an accident.

For the full article as published in Fleet Owner, please click here. For the full article as published in American Trucker, please click here.

In an article published on June 3, 2019, for the Daily Report, partner Jeff Stinson shares insight on managing relationships and creating a cohesive, collaborative environment amid claims litigation to achieve a successful outcome.

For the full story, subscribers to the Daily Report can click here.

In the Spring 2019 issue of the Insurance Coverage Law Report, Pamela Lee and Kevan Dorsey authored an article on dog bite liability and the various laws in different states.

Approximately 4.5 million people are bitten by a dog in the U.S. each year and one in five of those bites requires medical attention. While every state provides some basis of recovery for people injured by a dog, there are specific nuances in each state that vary and generally fall within the realm of “strict liability” or the “one bite rule.”

Subscribers may click here for the full article.

Trey Dowdey authored an article for the May 2019 issue of CLM Magazine breaking down the art of taking recorded statements to obtain the information needed to quickly resolve a claim.

For the full article, please click here.

In an article published in the March 2019 issue of CLM Magazine, Ronni Bright and Marc Sirotkin discuss the importance of and best practices when investigating a questionable workers’ compensation claim and deciding whether to accept or deny the claim.

To download a copy of the article, please click here.

In an article published by Risk Management, Emily Truitt provided insight on idiopathic defense, traditionally meaning that if the cause of a workplace injury is unknown, it should not be deemed work-related. Although workers' compensation is considered a no-fault system, the idiopathic defense can provide employers with protection from injuries incurred in the workplace that are not truly causally connected to work.

For the full article, please click here.

In an article published in the January 2019 issue of CLM Magazine, Trey Dowdey outlines the importance of an initial investigative strategy to move claims forward quickly and successfully. A thorough initial claims investigation can help spot potential issues early in the process and posture claims for efficient and successful outcomes.

For the full article, please click here.

In an article published in the December 2018 edition of Risk Management magazine, Jeff Stinson advises employers on the value of creating and implementing a comprehensive safety program to prevent the potential for liability in workers’ compensation claims.

To view the full article online, click here.

In an article published in Workforce on Nov. 15, 2018, Crystal Stevens McElrath provided insight on pregnancy protections for women in the workforce. While there is a period of 12 weeks of federally mandated unpaid leave available to new mothers under the Family and Medical Leave Act, some employers offer pay during this period or throughout a longer period of maternity leave. However, most employers have additional obligations to pregnant employees, which can include the Americans with Disabilities Act and the Pregnancy Discrimination Act.

To view the full article, click here.

In an article published in Business Alabama on Oct. 24, 2018, Trey Dowdey discussed Alabama’s booming manufacturing market, crediting big-name production facilities in the state like Mercedes-Benz, Toyota, Mazda, Honda and Hyundai for the state’s boost in national rankings for automobile production.

For the full article, click here.

Brian Richardson authored an article published by Construction Executive on October 16, 2018, discussing indemnity provisions in construction contracts and their role in deciding who is responsible for a contractor’s negligence when subcontractors are involved.

For the full article, click here.

In an article published on Oct. 8, 2018, Brandon Clapp discusses ways small businesses can best protect themselves from natural disasters with the proper insurance. Given that small businesses are more vulnerable to natural disasters due to a lack of resources, owners should first see what existing coverage they already possess and evaluate their potential risk exposure to ensure they do not pay for insurance they do not need.

For the full article, you may click here.

Brandon Clapp authored an article published by Business Alabama on August 28, 2018, discussing the risks posed to Alabama businesses by potential weather-related natural disasters, as well as what businesses owners should do to protect themselves before disaster strikes.

For the full article, please click here.

In an article published in Claims Journal on August 21, 2018, Crystal McElrath discusses workers' compensation and defines willful misconduct in terms of a workers’ compensation defense. In order to expand on this idea, the article outlines specific examples of states that provide statutory defenses in cases where an employee’s own willful misconduct or intoxication may have caused an on-the-job injury, in which case an employer may have grounds for a willful misconduct defense.

To view the full article, click here.

In an article published for Risk Management on August 1, 2018, Dan Kingsley provided insight on steps for property owners to take following an on-site injury to ensure compliance. Property owners and occupiers face exposure and risk for a facility based on their responsibility to exercise ordinary care to protect people from unreasonable risks of harm of which the owner is aware, including inspecting the premises to discover potentially dangerous conditions and taking steps to rectify the situation. It is important to document these efforts as they occur.

To view the full article please click here.