News & Updates About MFL Law
March 2023 – Real Estate Partner Andy Meyer represented the City of Dunwoody in successfully closing the sale of two medical buildings to a subsidiary of Emory Healthcare for over $7.7 million! This deal was a true testament to perseverance, as it took nearly three years to close due to various challenges including the COVID-19 pandemic and a ground lease expiration. Despite the hurdles, the City of Dunwoody was able to relocate tenants, pick up where they left off, and finally close the deal.
March 2023 – The firm is pleased to announce the hiring of Racquel Richards as an associate. Ms. Richards graduated from the Elon University School of Law in 2017 and also worked in-house at a leading insurance company before joining MFL.
March 2023 – After a successful oral argument, partner Arthur Park and associate Caitlin Amick obtained a favorable ruling for their client in a wrongful death case pending in Georgia, with the judge granting the defendant’s motion to bifurcate the negligent hiring claim, limiting the testimony of plaintiff’s expert, and denying plaintiffs’ motion for sanctions.
March 2023 – Wayne Taylor, along with an attorney from Boston, Massachusetts, co-presented a class titled “2023 Property Case Law Developments: Commercial Lines” at the Property and Liability Research Bureau’s 2023 Claims Conference in Orlando, Florida.
March 2023 – The firm proudly co-sponsored the 57th Annual SMU Air Law Symposium in Irving, Texas, which is the largest aviation CLE conference in the nation.
February 2023 – Mozley, Finlayson & Loggins LLP is proud to announce the Georgia Super Lawyers and Rising Stars for 2023. Congratulations!!!
2023 Georgia Super Lawyers:
Mickey Bresee, William Harrison, John Lowery, John McKinley, and Wayne Taylor
2023 Georgia Rising Stars:
Sean Boyd, Andrew Capobianco, Sarah MacKimm, Arthur Park, and Michelle Sherman
January 2023 – The firm is excited to announce the election of Deborah Cameron as the managing partner for 2023. Joining her on the management committee are Larry Domenico, John McKinley, Andrew Capobianco, and Arthur Park.
January 2023 – Wayne Taylor has been elected the President-Elect of the Windstorm Insurance Network. The Windstorm Insurance Network is an educational forum for the windstorm insurance claims industry.
January 2023 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification Course and the Umpire Re-Certification Course at the 2023 Windstorm Insurance Network’s 24th Annual WIND Conference in Orlando, Florida.
January 2023 – Wayne Taylor, Michelle Sherman, and Sarah MacKimm obtained an order granting summary judgment in favor of State Auto Property and Casualty Insurance Company in the State Court of Clayton County, Georgia. This matter involved a claim by the insured for coverage under a property insurance policy issued by State Auto for damages allegedly suffered as a result of a failed water line and a plumbing leak. Not only did plaintiff bring claims for breach of contract and bad faith against State Auto, but plaintiff also asserted claims for personal injury as a result of the claimed property damages. In granting State Auto’s motion for summary judgment, plaintiff failed to present any evidence showing that the claimed damages resulted from a covered cause of loss after State Auto showed presented expert testimony that the damages were caused by excluded settlement. Therefore, plaintiff’s other claims alleging bad faith claim handling and damages for personal injury also were dismissed.
January 2023 – The firm is excited to welcome Ms. Xiaolu Xu, a second-year student at the Emory University School Law, as our spring intern.
January 2023 – After handling oral argument in the Northern District of Georgia this summer, Caitlin Amick obtained a favorable ruling for her client in which the judge granted in part the defendant’s motion to exclude expert testimony and denied all of the plaintiff’s motions.
January 2023 – Mozley, Finlayson & Loggins LLP has once again been honored to be included in the Atlanta Business Chronicle’s Book of Lists. MFL has been named amongst the top 50 Largest Law Firms in Atlanta, and in the 10 Fastest-Growing Law Firms by Revenue Growth.
December 2022 – The firm is excited to announce the hiring of Nicole Simpson as an associate. Ms. Simpson graduated from Temple University School of Law in 2015 and has previous experience at other defense firms in the Atlanta area before joining Mozley Finlayson & Loggins. The future is bright!
November 2022 – Wayne Taylor and Anne Landrum, on behalf of Landmark American Insurance Company, along with attorneys for three other insurers, obtained the dismissal of a lawsuit seeking coverage for lost business income resulting from the COVID-19 pandemic and shut-down orders issued by federal, state and local governments in the Fulton Superior Court, Business Case Division. The court held that the coronavirus cannot cause “direct physical loss of or damage to” property as required by the policies. Because there was no actual change or alteration in the property, there was no coverage for lost business income caused by the shut-down orders issued as a result of the coronavirus pandemic.
November 2022 – Caitlin Amick was a lecturer at a continuing education event geared toward social workers, counselors, and other helping professionals looking to start their own small businesses. Ms. Amick’s presentation focused on practical steps designed to help reduce risk. Topics covered included how to choose the proper business entity, vital terms for formalization documents, financial best practices, insurance coverage considerations, and handling non-compete agreements.
September 2022 – Wayne Taylor, Anne Landrum, and Michelle Sherman obtained summary judgment in favor of Landmark American Insurance Company in the United States District Court for the District of Kansas. The insured automobile dealership filed suit for breach of contract and bad faith for failing to pay for hail and wind damages to its vehicles following a storm under an open lot insurance policy. The policy obligated Landmark to pay “only the actual cost to the insured” of repairs actually performed. All of the vehicles were repaired after the storm. The insured refused to provide documentation establishing the actual cost of the repairs, and sought instead to recover the amount of an estimate of the repair costs. The court found the insured was limited to recovering the actual cost of the repairs incurred, and because the insured could not establish that amount, entered summary judgment in favor of Landmark.
August 2022 – Wayne Taylor once again has been selected for inclusion in the 2023 edition of The Best Lawyers in America for Insurance Coverage Litigation. Inclusion in Best Lawyers is based entirely on peer review.
August 2022 – Wayne Taylor, along with another attorney from Orlando, Florida, instructed a day-long training workshop on the procedures and pitfalls of the appraisal process under a first-party insurance policy to the Appraisal Practice Group of Engle Martin & Associates, Inc. in Dallas, Texas.
July 2022 – John McKinley, Bridgette Eckerson, and Caitlin Amick successfully moved to exclude the opinion testimony of a plaintiff’s sole expert witness in a foodborne illness case pending in Georgia federal court. As a result of the successful Daubert motion, and after hearing an oral argument from Bridgette Eckerson, the court dismissed all of the plaintiff’s claims at the summary judgment phase.
July 2022 – In a wrongful death lawsuit, equity partner Arthur Park successfully defended a maintenance company that worked on the engine of the airplane about two months prior to the crash. A dismissal was obtained without disbursing any settlement funds.
July 2022 – Wayne Taylor and Anne Landrum obtained summary judgment in favor of Rockhill Insurance Company in the United States District Court for the Southern District of Florida. The insured filed suit for breach of contract for failing to pay for wind damage to the roof, windows, and other parts of a commercial residential building as a result of Hurricane Irma. An appraisal award subsequently was entered, which did not include the cost of “matching,” which the court described as “the cost of maintaining the aesthetic uniformity of the affected structures post-repairs.” The insured wanted the claim returned to the appraisal panel to calculate the cost to replace undamaged parts of the building to ensure they visibly “matched” the repaired parts. The magistrate judge found the insurance policy’s plain language disclaimed any responsibility to ensure uniformity between replaced parts and undamaged parts. In other words, the policy did not require payment to ensure the undamaged parts “matched” the damaged parts after repairs were completed. The district judge agreed, adopted the magistrate judge’s report and recommendation, and entered summary judgment in favor of Rockhill.
June 2022 – In a medical malpractice suit, John Lowery, Arthur Park, and Caitlin Amick obtained favorable rulings on a motion for partial summary judgment and Daubert motion to exclude certain opinions of the plaintiff’s expert witnesses. One of their clients was granted summary judgment in full, the punitive damages claim was dismissed, and one expert was prohibited from testifying on the cause of death.
May 2022 – Wayne Taylor and Sarah MacKimm obtained an order granting summary judgment on behalf of Covington Specialty Insurance Company in the United States District Court for the Middle District of Tennessee. This matter involved a claim by the insured for coverage under an insurance policy issued by Covington for damages suffered as a result of a fire that occurred on April 4, 2020. However, the policy had been canceled, effective 12:01 a.m. on April 4, 2020, at the request of the insured’s premium finance company because the insured failed to make his insurance premium payments. The court ruled that the premium finance company had the authority under the finance agreement it had with the insured to cancel the policy. Because the fire occurred after the date and time of the policy’s cancellation requested by the premium finance company, the court found there was no coverage in effect at the time of the fire.
May 2022 – Wayne Taylor and Sarah MacKimm co-presented a class on recent case law developments in First-Party Property Insurance Coverage law at the RSUI Group 2022 First-Party Property Claims Seminar in Atlanta, Georgia
April 2022 – Wayne Taylor, along with an attorney from Boston, Massachusetts, co-presented a class titled “2022 Property Case Law Developments: Commercial Lines” at the Property and Liability Research Bureau’s 2022 Claims Conference in San Antonio, Texas.
February 2022 – Mozley, Finlayson & Loggins LLP is proud to announce the Georgia Super Lawyers and Rising Stars for 2022. Congratulations!!!
2022 Georgia Super Lawyers:
Mickey Bresee, Robert Finlayson II, C. David Hailey, William D. Harrison, John Lowery. John McKinley, and Wayne D. Taylor
2022 Georgia Rising Stars:
Sean Boyd, Richard Bruno, Andrew Capobianco, Sarah M. MacKimm, Arthur Park, and Michelle Sherman
February 2022 – Wayne Taylor and Elizabeth Salinas obtained an order granting a motion for summary judgment from an Orange County, Florida court on behalf of Federal Insurance Company. This matter involved a claim for the cost of mold testing and an assessment report brought by a third-party vendor under an assignment of benefits by the insured. The court held that mold testing and assessment reports did not qualify as “direct physical loss of or damage to” the insured property, which is required for coverage under the policy. This ruling now is being utilized as a precedent for the large number of claims demanding payment for diagnostic testing.
February 2022 – Wayne Taylor once again has been selected as one of the “Top 100” lawyers in Georgia in the 2022 edition of Super Lawyers for Insurance Coverage. Selection is based on peer recognition and professional achievement.
January 2022 – Wayne Taylor and Anne Landrum obtained an order from the United States District Court for the Northern District of Florida on behalf of Landmark American Insurance Company, granting its motion to dismiss. The case involved a claim by the owners of restaurants in Florida and Alabama for loss of business income they claim they suffered when civil authorities ordered all non-essential businesses to close or modify their operations to help prevent the spread of the Coronavirus. The court ruled that “economic losses resulting from state and local governmental orders closing businesses to slow the spread of COVID-19 are not covered under [an ‘all-risk’ policy] because such losses were not caused by the direct physical loss of or damage to the insured property.”
January 2022 – Wayne Taylor has been elected the Vice President of the Windstorm Insurance Network. The Windstorm Insurance Network is an educational forum for the windstorm insurance claims industry.
January 2022 –Wayne Taylor served as a co-instructor for the WIND Umpire Certification Course and the Umpire Re-Certification Course at the 2022 Windstorm Insurance Network’s 23rd Annual WIND Conference in Orlando, Florida.
January 2022 – Wayne Taylor served as a co-instructor for the WIND Appraiser Certification Course and the Appraiser Re-Certification Course at the 2022 Windstorm Insurance Network’s 23rd Annual WIND Conference in Orlando, Florida.
January 2022 – Mozley, Finlayson & Loggins LLP is proud to announce that the firm has been included in the Atlanta Business Chronicle’s Book of Lists. MFL has been named 40th Largest Law Firm in Atlanta, 9th Fastest-Growing Law Firm by Revenue Growth, and 5th Fastest-Growing Law Firms by Attorney Growth.
September 2021 – Wayne Taylor and Anne Landrum obtained an order granting a motion for judgment on the pleadings from the United States District Court for the Western District of Tennessee on behalf of Covington Specialty Insurance Company. This matter involved a claim by an insured for coverage under the Covington policy for lost business income as a result of governmental orders temporarily closing its business to combat the spread of Covid-19. The court held that loss of business income as a result of Covid-19 did not constitute “direct physical loss of or damage to” property as required for coverage under the policy. The court also held that the policy’s Pathogenic or Biological or Chemical Materials exclusion precluded coverage for the insured’s loss of business income caused by Covid-19.
August 2021 – Wayne Taylor once again has been selected for inclusion in the 2022 edition of The Best Lawyers in America for Insurance Litigation. Inclusion in Best Lawyers is based entirely on peer review.
July 2021 – Partner Andrew Meyer is representing the City of Dunwoody on selling medical facility properties for more than $7 million.
July 2021 – Partner Arthur Park has joined the Amicus Committee of the Georgia Defense Lawyers Association (GDLA). The committee drafts amicus curiae briefs as a “friend of the court” on key civil issues pending in Georgia’s appellate courts.
June 2021 – Wayne Taylor and Anne Landrum obtained an order from the United States District Court for the Northern District of Oklahoma on behalf of Covington Specialty Insurance Company, granting its motion for judgment on the pleadings. This case involved a claim by an insured business owner that claimed a loss of business income when governmental authorities ordered its business closed temporarily to combat the spread of Covid-19. The insured sought coverage under the Covington policy for lost business income under the Business Income (and Extra Expense) coverage provision and the Action of Civil Authority coverage provision of the commercial property insurance policy issued by Covington. The court held that loss of business income as a result of Covid-19 did not constitute “direct physical loss of or damage to” property as required for coverage under the policy. The court also found that the temporary deprivation of the use of property was insufficient to show “direct physical loss” of property. The court held further that the policy’s coverage exclusion for Pathogenic or Biological or Chemical Materials precluded coverage for lost business income caused by the Covid-19 pandemic.
June 2021 – Jay Rawls and Richard Bruno obtained summary judgment in the defense of a construction general contractor in Fulton County State Court. The case involved a personal injury claim brought by a temporary employee of one of its subcontractors. The trial court judge ruled the injured employee was engaged in the subject matter of the GC’s work and, therefore, the GC was immune from suit under the Georgia Worker’s Compensation Act’s exclusive remedy provision. The Georgia Court of Appeals affirmed the trial court and the Supreme Court denied appellant’s petition for certiorari. The Court of Appeal opinion may be viewed at Brack v. CPPI of Ga., LLC, 357 Ga. App. 744 (2020) (cert denied June 21, 2021).
May 2021 – Partner Arthur Park obtained the Diversity, Equity and Inclusion in the Workplace Certificate issued by the University of South Florida Muma College of Business. The course discussed the essential practices and tools designed to increase employee diversity and to create a business model that embraces equity and inclusion. The seven-week program, created in partnership with the Tampa Bay Lightning and Jabil, focused on ways for organizations to create diverse workplaces, address equity issues, and foster inclusivity. Participants in the certificate program completed modules on (1) Emotional Intelligence, (2) Stereotypes & Biases, (3) Understand Your Organization, (4) Future of Your Organization through Diversity & Inclusion, (5) Recruitment & Retention, (6) Community Outreach, and (7) Sustainable Business Model.
May 2021 – Wayne Taylor has been elected as the next President of the American College of Coverage Counsel (ACCC), the country’s leading honorary organization for practicing insurance coverage and bad-faith attorneys. The ACCC exists to improve the quality and practice of insurance law. The ACCC focuses on the creative, ethical, and efficient adjudication of disputes between policyholders and insurers over insurance coverage and extracontractual damages, a form of punitive damages awarded against an insurer, and claims alleging bad faith. The ACCC’s mission includes educating various sectors on insurance coverage disputes, including the judiciary, legal and insurance professionals, and businesses on critical topics such as best practices in policy formation and claims handling, as well as bad faith.
May 2021 – Wayne Taylor has been elected to the Executive Board of the American Jewish Committee’s Atlanta Regional Board. The American Jewish Committee is a global advocate for the well-being of the Jewish people and the advancement of democratic values. The American Jewish Committee is dedicated to building bridges of understanding between the Jewish Community and other ethnic and faith communities, as well as the diplomatic corps representing numerous international governments.
May 2021 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification Course and the Umpire Re-Certification Course at the 2021 Windstorm Insurance Network’s Symposium in Orlando, Florida.
April 2021 – Wayne Taylor and Anne Landrum, along with local counsel in New Jersey, obtained an order from the Superior Court of New Jersey in Somerset County on behalf of Covington Specialty Insurance Company, granting its motion to dismiss the lawsuit. This matter involved a claim by an insured for coverage under the Covington policy for loss of business as a result of COVID-19 and the stay-at-home orders imposed by New Jersey Governor Phillip Murphy. After its claim for business interruption loss was denied, the insured filed suit, seeking a declaratory judgment that coverage existed under the Covington policy for lost business income. Based upon a coverage exclusion for pathogenic or poisonous biological or chemical materials, the Court dismissed the lawsuit.
April 2021 – Wayne Taylor served as a panelist during a presentation entitled “Navigating Together Expert Panel” at Jewelers Mutual Insurance Group’s JM Summit held virtually
March 2021 – Wayne Taylor, Anne Landrum, and Michelle Sherman, along with local counsel in Alabama, successfully obtained partial summary judgment on behalf of Chubb Custom Insurance Company in a lawsuit pending in the United States District Court for the Northern District of Alabama. This case involved a claim for insurance coverage under a policy for damages allegedly suffered after a fire and a subsequent tornado. Specifically, plaintiff brought three causes of action against Chubb in its complaint: a request for specific performance of the appraisal process for both claims, breach of contract regarding both claims, and bad faith. The Court granted Chubb’s motion for summary judgment on all issues except for the breach of contract claim concerning the fire. The Court ruled that plaintiff’s wind claim failed because it did not notify Chubb of the loss in a timely manner. The Court also found that plaintiff’s claim for bad faith failed because not only did Chubb demonstrate an arguable basis for refusing to pay plaintiff’s claims, but also that Chubb thoroughly investigated plaintiff’s claims.
February 2021 – Wayne Taylor obtained an order from the United States District Court for the Middle District of Florida on behalf of Federal Insurance Company, not only granting its motion to strike plaintiff’s expert disclosures and exclude expert testimony, but also granting summary judgment in favor of Federal. This matter involved a claim for insurance proceeds by plaintiff that performed repairs to the roof at the insured property following Hurricane Irma under an assignment of benefits. The insurance policy contained an annual hurricane deductible of two percent of the coverage limit and an exclusion for damages due to wear and tear. The Court first excluded plaintiff’s expert from testifying because plaintiff failed to comply with Federal Rule 26 in disclosing its experts and its failure was not substantially justified or harmless. The Court then ruled that Federal was entitled to summary judgment because it sufficiently showed that the cost to repair the covered damages did not exceed the policy’s deductible.
February 2021 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification Course and the Umpire Re-Certification Course at the 2021 Windstorm Insurance Network’s 22 nd Annual WIND Conference held virtually.
January 2021 – Wayne Taylor, Michelle Sherman, and Anne Landrum successfully obtained summary judgment on behalf of State Auto Property and Casualty Insurance Company in a lawsuit pending in the United States District Court for the Northern District of Georgia. This case involved a claim by the insureds for coverage under a State Auto policy for damage after both a water line and a sewage line failed. In its complaint, the insureds included claims for breach of contract, bad faith, fraudulent misrepresentation, and attorney’s fees. State Auto filed a motion for summary judgment on all counts, setting forth arguments that (1) certain claimed damage was excluded from coverage under the policy; (2) State Auto issued payment for all of the insureds’ covered losses; (3) State Auto is not liable for bad faith penalties because it had a reasonable basis to deny the insureds’ claim for the uncovered damages; and (4) State Auto did not make any fraudulent misrepresentations. The Court granted State Auto summary judgment on all four grounds.
January 2021 – Wayne Taylor has been elected the Secretary of the Windstorm Insurance Network. The Windstorm Insurance Network is an educational forum for the windstorm insurance claims industry.
December 2020 – Mozley Finlayson & Loggins is proud to announce that the firm has been included in the Metropolitan Tier 1 list of 2021 Best Law Firms by U.S. News & World Report and Best Lawyers for Insurance Law in Atlanta. Mozley Finlayson & Loggins was given this distinction for outstanding work in Insurance Law following Wayne Taylor’s recognition to the 2021 list of Best Lawyers in America for Insurance Law. Best Law Firms exhibit the highest levels of client service and legal excellence and are chosen by recommendations of clients and legal professionals. A firm must have at least one attorney who is recognized in the current edition of Best Lawyers in a “Best Law Firms” ranked practice area to be eligible for the ranking.
November 2020 – Arthur J. Park was a panelist in the CLE entitled “Perspectives on Insuring Against Low Risk, High-Cost Events.” The CLE was sponsored by the University of Wisconsin and covered the intersection of COVID-19, insurance policies, and government response. Other panelists included a Federal Reserve policy economist and a University of Pennsylvania law professor. Mr. Park discussed how the reasonable expectations of the insured doctrine might impact future COVID-19 lawsuits.
September 2020 – Wayne Taylor, along with three other attorneys from San Francisco, California, Miami, Florida and Naples, Florida, co-instructed a presentation titled “Impartiality in the Appraisal Process” at the American College of Coverage Counsel’s (“ACCC”) Annual Conference that was held virtually. Wayne currently serves as the President-Elect of the ACCC. The ACCC exists to improve the quality of the practice of insurance law. The ACCC focuses on the creative, ethical, and efficient adjudication of disputes between policyholders and insurers over insurance coverage and extracontractual damages, a form of punitive damages awarded against an insured, and claims alleging bad faith. The ACCC’s mission includes educating various sectors in insurance coverage disputes, including the judiciary, legal and insurance professionals, and businesses on critical topics such as best practices in policy formation and claims handling, and bad faith.
September 2020 – Fidelity National Title Georgia Agency awarded Dee Thomas and 2 other recipients the KOKO (Keep On, Keepin’ On) Award. The agency asked for nominees who have gone above and beyond during these challenging times and Dee was selected. Kim presented her with the award on Friday. Congratulations Dee!!!!
August 2020 – Wayne Taylor once again has been selected for inclusion in the 2021 edition of The Best Lawyers in America for Insurance Litigation. Inclusion in Best Lawyers is based entirely on peer review.
May 2020 – Wayne Taylor was elected President-Elect of the American College of Coverage Counsel (“ACCC”). The ACCC exists to improve the quality of the practice of insurance law. The ACCC focuses on the creative, ethical, and efficient adjudication of disputes between policyholders and insurers over insurance coverage and extracontractual damages, a form of punitive damages awarded against an insurer, and claims alleging bad faith. The ACCC’s mission includes educating various sectors in insurance coverage disputes, including the judiciary, legal and insurance professionals, and businesses on critical topics such as best practices in policy formation and claims handling, as well as bad faith.
May 12, 2020 – MF&L partner Bridgette Eckerson participated in Chatham County State Court’s first video
conference oral argument last week. She and two other defendants’ counsel argued motions for summary judgment before the Honorable Gregory V. Sapp, State Court of Chatham County. Ms. Eckerson, along with MF&L partner John McKinley, represent a property owner and manager in a premises liability action. The attorneys were located at their respective offices or homes in Atlanta, Savannah, and Covington, Georgia, as well as Los Angeles, California.
To follow is an article about the argument (and a link to the argument itself), which was a successful test case for court hearings by videoconference during the pandemic.
https://www.savannahnow.com/news/20200512/chatham-county-state-court-tests-video-conferencing-to-handle-caseload-during-coronavirus-pandemic-future
March 2020 – The firm is pleased to announce the promotion of Arthur Park to equity partner. After practicing in Virginia and West Virginia for two years, Mr. Park joined the firm as an associate in 2012. He then became a non-equity partner in 2018. Mr. Park practices in the areas of aviation litigation, subrogation, civil litigation, and insurance coverage.”
January 2020 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification Course and the Umpire Re-Certification Course at the 2020 Windstorm Insurance Network’s 2l5t Annual WIND Conference in Orlando, Florida.
December 2019 – Wayne Taylor, along with the Consuls General of Israel, India, Ireland Germany, Japan, and the Executive Director of the Atlanta Regional Office of the American Jewish Committee (“AJC”), participated in the lighting of the Chanukah Menorah during the Indo-Jewish Chanukah Celebration held at the Consulate of India in Atlanta. Wayne is a Vice President on the AJC’s Atlanta Regional Executive Board over International Relations.
December 2019 – Partner Arthur Park was one of the panelists at the Atlanta Bar Association CLE entitled Life of a Trial 2.0 – The Litigator’s Toolbox Series: Rule 30(b)(6) Witness Strategy.
September 2019 – Mickey Bresee and Arthur Park won a six-day jury trial in Greensboro, North Carolina involving a $1.8 million dispute between two insurance companies. The firm represented an excess carrier pursuing an equitable subrogation claim for bad faith refusal to settle against the primary carrier. With prejudgment interest and costs, the final judgment was just under $2 million in favor of the firm’s client.
August 2019 – Wayne Taylor again has been selected for inclusion in the 2020 edition of The Best Lawyers in America for Insurance Litigation. Inclusion in Best Lawyers is based entirely on peer review.
August 2019 – Partner Arthur Park’s article entitled Do’s and Don’ts When Handling a Product Liability Matter in Georgia was published by the Georgia Bar Journal. The article discusses the various causes of action that may apply to a product defect case for designers, manufacturers, distributors, and sellers as well as unique issues that arise under Georgia state law.
July 2019 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification course and the WIND Appraiser Certification course at a Windstorm Insurance Network certification symposium at Nova University School of Law in Fort Lauderdale, Florida.
July 2019 – Wayne Taylor and Michelle Sherman, along with lawyers from Washington, D.C., and Seattle, Washington, prevailed on an appeal before the United States Court of Appeals for the Eleventh Circuit, reversing the district court’s decision that ordered ACE American Insurance Company to pay $1.1 million of a $2.6 million award that The Wattles Company won against ACE’s insured, Exide Technologies, for property damage to a warehouse used for Exide’s battery formation operations that were caused by the emission of sulfuric acid. The Eleventh Circuit ruled that the district court judge did not properly interpret the policy’s “Tenants and Neighbors Liability” provision in finding that Wattles’ attorney’s fees and post-judgment interest were covered. That extended coverage provision explicitly stated that it applied only to claims arising in “those countries in which a Napoleonic or other civil or commercial code applies.” The Eleventh Circuit reasoned that, in the context of the international property coverage provided by the policy, the “Tenants and Neighbors Liability” provision unambiguously applies only to countries that are governed by a civil law system, not common law countries that sometimes use civil codes like codified regulations. Because the claim occurred in the State of Washington (and not, for instance, in France or Germany), the Court held that the “Tenants and Neighbors Liability” provision did not apply, and as a result, the claim did not exceed the policy’s $2 million deductible.
July 2019 – Michelle A. Sherman and Wayne Taylor successfully obtained summary judgment on behalf of Jewelers Mutual Insurance Company in a lawsuit pending in the United States District Court for the Northern District of Georgia. This case arose out of an insurance claim under a jewelers block insurance policy for the loss of merchandise that occurred while the insured’s principal was on a European cruise vacation. Jewelers Mutual issued an extended off-premises travel coverage endorsement that provided coverage for the insured’s stock during the insured’s principal’s European cruise subject to specific conditions, including that “[j]ewelry property must be carried concealed [on] the body and may not be left unattended unless secured in a two-keyed safe or stored with a jewelry dealer.” The Court ruled that the insured failed to comply with the requirements of the extended off-premises travel coverage endorsement. The insured’s principal claimed that it was impossible for him to comply with the endorsement’s requirements because a two-keyed safe was not available to him and the cruise ship jeweler refused to store the jewelry. The Court found that compliance with the endorsement’s requirements by the insured was not impossible because the insured’s principal admitted that he could have worn the jewelry inventory on his person even though it would have been inconvenient. The Court further found that the requirements of the extended travel endorsement did not violate public policy.
July 2019 – Attorney Brian Dubuc Celebrates Two Decades of Making Windsong Clients Feel at Home. Read the full article here: http://bit.ly/2MnDSj9
July 2019 – Larry Domenico has been named to the initial Board of Directors of the Dunwoody Police Foundation. The goal of the Dunwoody Police Foundation is to improve public safety for the officers and citizens of Dunwoody. It has pledged to support the Dunwoody Police Department employees through the acceptance and management of tax-deductible gifts and contributions. The principal purposes of the foundation are to ensure the establishment of an emergency aid program to benefit officers and their families; provide specialized training for staff or officers; support the purchase of special equipment that is in keeping with the Dunwoody Police Department mission; support community partnerships through educational materials; and sponsor community events to enhance public safety and quality of life in Dunwoody.
Joining board president Holland as founding board members are Kathleen Brandt, Lawrence B. Domenico, Chief of Police Billy Grogan, Carolyn Riticher, CPA, Mark Twiner, PE, and Heyward Wescott.
Information: www.dunwoodypolicefoundation.org
June 2019 – Partner Arthur J. Park obtained a summary judgment ruling for two individual defendants in a wrongful death case involving complicated aviation issues including alter ego liability and piercing the corporate veil of a flight school.
June 2019 – Mozley, Finlayson & Loggins LLP Announces the Relocation of Its Headquarters to Crown Pointe in Atlanta’s Central Perimeter
Mozley, Finlayson & Loggins LLP (MFL), an Atlanta Business Chronicle “Top 50 Law Firm” and leading provider of legal services in Atlanta and the Southeast, is proud to announce the relocation and opening of its new headquarters in the Atlanta Central Perimeter District at 1050 Crown Pointe, Suite 1500, Atlanta, GA 30338. Established in 1977, MFL has operated continuously in Atlanta for over 42 years. The new headquarters will accommodate MFL’s rising headcount, support record revenue, and provide a state-of-the-art work environment for its employees and key business relationships.
“We are excited to invest in and build a deeper rapport with Atlanta’s Central Perimeter business community”, said James G. Coyle, Managing Partner of MFL. “The practice and business of law has evolved dramatically over the past twenty (20) years, and we simply needed to modernize our firm in order to continue to provide the quality legal services and value that our key clients have come to expect from MFL. Our business is built upon Atlanta relationships and by putting roots down near our most important clients, I am confident that we will deepen these relationships. The new space has been designed with our employees in mind to be enjoyable, to foster collaboration and innovation while incorporating elements of our long history in Atlanta,” he added. We look forward to this next exciting chapter in our growth and to welcoming our employees, clients, and friends to our new headquarters facility,” said Coyle.
MFL was represented by John Flack, David Rubenstein, and Nanci Love of Savills Atlanta office
May 2019 – Wayne Taylor was re-elected as a Vice President of the American Jewish Committee’s Atlanta Regional Board. The American Jewish Committee is a global advocate for the well-being of the Jewish people and the advancement of democratic values. The American Jewish Committee is dedicated to building bridges of understanding between the Jewish Community and other ethnic and faith communities, as well as the diplomatic corps representing numerous international governments.
May 2019 – Wayne Taylor was elected Secretary-Treasurer of the American College of Coverage Counsel (“ACCC”). The ACCC exists to improve the quality of the practice of insurance law. The ACCC focuses on the creative, ethical and efficient adjudication of disputes between policyholders and insurers over insurance coverage and extracontractual damages, a form of punitive damages awarded against an insured, and claims alleging bad faith. The ACCC’s mission includes educating various sectors in insurance coverage disputes, including the judiciary, legal and insurance professionals, and businesses on critical topics such as best practices in policy formation and claims handling, and bad faith.
May 2019 –Wayne Taylor again served as a member of the faculty for the Emory University School of Law Kessler-Eidson Program for Trial Techniques. The Program for Trial Techniques instructs second-year law students using the National Institute of Trial Advocacy’s learning-by-doing method. The curriculum covers various facets of a trial, including theory and techniques for handling opening statements, direct examinations, cross-examinations, closing arguments and evidentiary hearings.
April 2019 – Wayne Taylor and Michelle Sherman made a presentation titled “Legal Trends: What’s New” at Jeweler’s Mutual Insurance Group JM Summit in Milwaukee, Wisconsin.
April 2019 – Wayne Taylor, along with an in-house claims attorney from St. Petersburg, Florida and a private practice attorney from Orlando, Florida, co-presented a class titled “Property Case Law Developments: Personal Lines” at the Property and Liability Research Bureau’s 2019 Claims Conference in Indianapolis, Indiana.
April 2019 – Wayne Taylor, along with a claims manager from Atlanta, Georgia and a private practice attorney from Boston, Massachusetts, co-presented a class titled “Property Case Law Developments: Commercial Lines” at the Property and Liability Research Bureau’s 2019 Claims Conference in Indianapolis, Indiana.
April 2019 – Wayne Taylor presented a class titled “The Appraisal Process and its Potential Pitfalls” for the property claims department of the State Auto Insurance Companies in Indianapolis, Indiana.
March 2019 – Michelle Sherman and Wayne Taylor obtained an order from the Court of Appeals of Georgia affirming summary judgment in favor of Covington Specialty Insurance Coverage in an insurance coverage lawsuit filed by Goldeagle Ventures, LLC. The case involved a claim for insurance proceeds for the destruction of light fixtures in a building following a lightning strike. The appeals court ruled that no coverage was provided for the damage to the light fixtures, which were considered a part of the building because the insured did not purchase coverage for damage to the building. The appeals court then ruled that there was no coverage because the light fixtures did not constitute business personal property, which was the only coverage purchased by the insured.
March 2019 – Wayne Taylor and Michelle Sherman, along with an attorney from Orlando, Florida, instructed a day-long training workshop on the procedures and pitfalls of the appraisal process under a first-party insurance policy to the Appraisal Practice Group of Engle Martin & Associates, Inc. in Atlanta, Georgia.
March 2019 – Wayne Taylor made a presentation about appropriate topics for underwriters’ depositions to the Commercial Underwriting Department of Jewelers Mutual Insurance Group in Neenah, Wisconsin.
February 2019 – Wayne Taylor once again has been selected as one of the “Top 100” lawyers in Georgia in the 2019 edition of Super Lawyers for Insurance Coverage. Selection is based upon peer recognition and professional achievement.
February 2019 – Wayne Taylor has been reappointed chairman of the WIND Umpire and Appraiser Education and Review Committee for the Windstorm Insurance Network. The Umpire and Appraiser Education and Review Committee is charged with developing educational content and proposing revisions to the application/renewal process for the WIND Umpire and Appraiser Certification Programs. The Windstorm Insurance Network is an educational forum for the windstorm insurance claims industry.
February 2019 – MFL Congratulates Andrew Capobianco on Becoming Our Newest Equity Partner
MFL is pleased to announce that attorney Andrew Capobianco has joined the firm’s equity partnership. Since joining the firm, Andrew’s practice has focused on litigating high value personal injury claims and insurance coverage disputes. Andrew has successfully represented the interests of defendants, potential defendants, and insurers in all phases of litigation, including pre-suit negotiations, trials, and through appellate practice.
February 2019 – MFL Congratulates Sharon Horne and Michelle Sherman on Becoming Our Newest Partners
MFL is pleased to announce that attorneys Sharon Horne and Michelle Sherman have joined the firm’s partnership.
Sharon Horne specializes in defending insurance companies and corporate clients in personal injury and property damage claims. She has experience litigating a broad range of cases and has achieved countless successful resolutions for cases pending in both state and federal courts.
Michelle Sherman concentrates her practice on providing strategic legal counsel to insurers confronting complex coverage issues and allegations of bad faith. Since joining the firm in 2012, Michelle has successfully defended insurers on numerous occasions against claims for breach of contract and bad faith.
February 2019 – Wayne Taylor was appointed the chairperson of the Windstorm Insurance Network’s Appraisal Grievance Committee, which addresses complaints submitted about alleged ethics violations by WIND certified appraisers and umpires.
February 2019 – Wayne Taylor was elected to another term on the Board of Directors of the Windstorm Insurance Network. The Windstorm Insurance Network is an educational forum of the windstorm insurance claims industry.
January 2019 – Wayne Taylor served as a co-instructor for the WIND Umpire Certification course and the Umpire Re-certification course at the 2019 Windstorm Insurance Network’s 20th Annual WIND Conference in Orlando, Florida.
January 2019 – Wayne Taylor and Michelle A. Sherman successfully obtained summary judgment on behalf of Jewelers Mutual Insurance Company in a lawsuit pending in the United States District Court for the Eastern District of North Carolina, Western Division. This case involved a claim by an insured for coverage under a Jewelers Mutual policy for loss of business income allegedly suffered when the insured suspended operations at its leased premises due to its landlord’s failure to remediate a foul odor and mold in the insured’s jewelry store caused by water leakage from an adjacent restaurant. Jewelers Mutual’s independent adjuster inspected the premises and determined that the mold resulted from a long-term water leak from a hot water tank in an adjacent restaurant. Jewelers Mutual denied the insured’s claim for loss of business income based on the policy’s exclusions for “continuous or repeated seepage or leakage of water” and mold. The insured argued that the water leak was not the sole cause of the odor and the precise cause of the odor was never established. The Court held that Jewelers Mutual reasonably concluded that the insured’s loss of income from suspending its operations resulted from a continuous water leak from the adjacent restaurant, and therefore, was not a covered cause of loss. The Court found that the insured failed to produce any evidence to dispute that conclusion or create a question of fact that would preclude summary judgment in favor of Jewelers Mutual. The Court also granted Jewelers Mutual’s motion for summary judgment regarding the insured’s claims for breach of the implied covenant of good faith and fair dealing and bad faith.
January 2019 – A new Equity Partner and two new Partners