Tag Archives: Subrogation Lawyer Atlanta

Judgment Obtained Against Former Employee of Atlanta Union Mission.

Rumsey and Ramsey obtained a judgment for $141,489.35 against a former employee of Atlanta Union Mission who used the credit of  Atlanta Union Mission to obtain equipment and material that were not used in the business of Atlanta Union Mission.  The Atlanta Union Mission accounting department investigation that uncovered the wrongdoing was triggered by an unusually large number of purchases of HVAC units and Freon bottles with Atlanta Union Mission credit. A subsequent inventory of HVAC units on Atlanta Union Mission properties, a provider of housing for the homeless and indigent, revealed that the serial numbers of the HVAC units purchased by the former employee with the credit of Atlanta Union Mission could not be matched up with the HVAC units on Atlanta Union Mission properties.   Other equipment and material purchased by the former employee also could not be located or accounted for in the investigation. An employee dishonesty insurance claim was filed with Atlanta Union Mission’s insurance carrier, who reimbursed Atlanta Union Mission for its losses. Thereafter, Rumsey and Ramsey filed a subrogation lawsuit on behalf of the insurance carrier against the former employee.  Companies should strive to have proper oversight and accounting controls in areas where improper usage of company credit and funds may occur. It is also prudent to periodically review your company’s insurance policies to evaluate your company’s existing insurance coverages and any possible gaps in coverage that exist when compared with the insurable risks that your company has to guard against in its business.     Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your insurance case or other legal inquiry  with an attorney.

Does an insurer that paid its insured for property damage under a Georgia property insurance policy have to show that the insured was made whole before the insurer can seek reimbursement (subrogate) from the third party wrongdoer?

No, an insurer that pays its insured for property damage caused by a negligent third party does not have to show that the insured was made whole by its insurance payment before the insurer can pursue a property damage subrogation claim against the third party wrongdoer. A showing that the insured was made whole or was completely compensated for their damages is generally required of insurance companies seeking subrogation in cases where personal injuries were the damages suffered by their insured, which they paid benefits to compensate for those injuries. For example, the workers’ compensation insurance carrier in Georgia must show that the sum of the workers’ compensation benefits paid to the insured and the amount paid by the negligent third party to the insured fully and completely compensated the insured for his/her economic and noneconomic losses. Only after that burden has been met can the insurer enforce its workers’ compensation lien. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.

In Georgia, can a workers’ compensation insurers lien be extinguished by a settlement agreement between the injured employee and the wrongdoer with language that the settlement does not fully and completely compensate the employee for his/her injuries?

The answer is no. In Georgia, a release and settlement agreement between an injured employee and a third party wrongdoer that contains language that the payment by the wrongdoer to the injured employee does not fully and completely compensate the injured employee for his/her injuries does not extinguish the workers’ compensation insurance company’s lien on the settlement for the workers’ compensation benefits paid to the employee for the accident which the settlement covered. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.

Can a Georgia workers’ compensation insurer intervene in an employee’s Georgia lawsuit against a third party in the time period after the Georgia statute of limitations for the employee’s bodily injuries has expired ?

Yes, a Georgia workers’ compensation insurer can file a motion to intervene in a Georgia lawsuit in an attempt to recover the workers’ compensation benefits it has paid to an employee, if the employee has previously filed a lawsuit against the negligent third party within the time allowed by Georgia law for the bodily injury claim. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.

I am a small business owner in Georgia that recently experienced a loss due to employee theft. What can I do to recover my losses?

If the employee, ex employee I presume, is being criminally prosecuted, contact the assistant district attorney or solicitor handling the criminal case and notify them in writing of the amount of your loss and that you want restitution as part of the sentence of the court. You should also review your business insurance policies and determine if there is coverage for employee dishonesty claims. You can also pursue your claims against the ex employee by filing a civil case. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.

What are subrogation rights?

Subrogation rights are those rights afforded to insurance companies that allow them to recover from third parties an amount equal to the insurance payments the insurance companies made to an insured as a result of the wrongdoing of a third party. For example, if an insurance company pays its insured for damage to the insured’s vehicle as the result of person X running a red light, then the insurance company can take legal action against person X to recover the amounts it paid to have the insureds vehicle repaired. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.