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Full-Text Articles in Law
Insurance, Ralph F. Simpson
Insurance, Ralph F. Simpson
Mercer Law Review
Since 1966, Professor Maximilian A. Pock has been the author of the Insurance section of the Annual Survey of Georgia Law. During this period of time, his scholarly analysis of and keen insight into the decisions of the Georgia Appellate Courts have been of great benefit to those of us whose practice dictates that we stay abreast of the trends and movements of the courts as shown by their published opinions. Contributing to a publication such as the Annual Survey of Georgia Law is no easy task, but continuing to do so for such an extended period of time …
The Eleventh Circuit Gives The Banking Industry A Lesson About Reverse Preemption In Barnett Bank Of Marion County, Na. V. Gallagher, Jess Pinkerton
The Eleventh Circuit Gives The Banking Industry A Lesson About Reverse Preemption In Barnett Bank Of Marion County, Na. V. Gallagher, Jess Pinkerton
Mercer Law Review
Recently, in Barnett Bank of Marion County, N.A. v. Gallagher, the United States Court of Appeals for the Eleventh Circuit was presented with the question of whether Florida's prohibition against affiliations between banks and insurance agents was protected from preemption by the McCarran-Ferguson Act. The appellant, Barnett Marion, is a subsidiary of Barnett Banks, Inc., the largest bank holding company centered in Florida. Barnett Marion maintains its principal place of business in Ocala, Florida; however, it owns and operates a branch in Belleview, Florida, a locality where the population is less than five thousand. On October 18, 1993, Barnett …
Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt
Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt
Mercer Law Review
In Gilbert v. Richardson, the Georgia Supreme Court addressed the issue of whether a county waives its sovereign immunity by purchasing liability insurance. On September 1, 1991, Deputy Kathy Richardson responded to an emergency call and collided with Emma and Tommy Gilbert's vehicle. Both Gilberts were injured. The Gilberts brought suit against the Walker County Sheriff's Department, the sheriff, and a deputy sheriff. Plaintiffs alleged that Sheriff Millard, as the employer of the deputy sheriff, was liable for the acts of the deputy while she was acting within the course of her employment. Walker County's Georgia Interlocal Risk Management …