Why “Notice” Matters When It Comes to Insurance and Georgia Accidents
Most insurance policies contain some sort of notice requirement. Basically, the policyholder must notify the insurance company of an insurable event within a specified time period. Even when no exact deadline is stated in the policy, Georgia law looks at whether the policyholder’s delay in giving required notice is “unreasonable” due to an “unexcused, significant delay.”
When Did Store Owner Tell Insurance Company About Customer’s Slip and Fall?
When a defendant in a personal injury case fails to comply with their insurance carrier’s notice requirements, that can significantly affect the ability of a plaintiff to obtain compensation for their injuries. Indeed, insurance companies often pursue separate litigation to declare they are not responsible for an otherwise insurable accident based on their policyholder’s failure to give notice. This can put the personal injury victim in the position of fighting litigation on two separate fronts.
Take this recent federal lawsuit here in Atlanta, Auto-Owners Insurance Company v. RM Investments USA LLC. This case originated with a slip-and-fall accident at a gas station-convenience store in Thomasville, Georgia. After the personal injury plaintiff fell, two of the store’s employees assisted her and called 911. The store’s owner was not present at the time.
About five months later, the plaintiff served notice to the owner of her intent to seek compensation for her losses related to the slip-and-fall accident. At that time, the store owner then informed the insurance company that issued his commercial liability policy for the business. The insurance company subsequently provided a defense to the store when the plaintiff subsequently filed her personal injury lawsuit in Georgia state court.
Concurrent with that litigation, however, the insurance company filed a separate lawsuit in federal court against the accident victim, the store, and its owner. The insurer’s federal complaint sought a declaratory judgment that it was not liable for covering the personal injury plaintiff’s accident based on the store owner giving “late notice” of the accident. The store owner failed to respond to the federal lawsuit, but the personal injury plaintiff contested the insurer’s claims.
In February 2026, United States District Judge Thomas W. Thrash, Jr., issued an order denying the insurer’s request for summary judgment on the issue of coverage. The judge noted the insurance policy required the store’s owner to notify the insurer “promptly” or “as soon as practicable” when an event that may trigger coverage occurs. The question was when did the owner become aware of the slip-and-fall accident.
The insurance company claimed the owner knew about the accident within a week of its occurrence. The accident victim, however, presented evidence suggesting the owner only learned about the incident after she notified him about her imminent personal injury lawsuit. Given this “dispute of material facts,” the judge said a jury would have to determine whether the owner complied with the terms of his insurance policy, which in turn will affect what compensation the accident victim may receive in her separate personal injury case.
Contact an Atlanta Slip & Fall Lawyer
Dealing with insurance companies and their legal tactics to avoid covering an accident is just one aspect of the personal injury claims process that victims must navigate. Our Atlanta slip and fall attorneys can represent and guide you through this process. Contact Morain & Buckelew, LLC, today at (404) 448-3146, to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=26908194130562514