Joshua R. Goodman was quoted in the Insurance Journal’s recent article, "Georgia Supreme Court Opens Door for More Subro Claims Against Law Enforcement." The article discusses a recent Georgia Supreme Court decision that may allow more property damage claims against law enforcement agencies to proceed, creating new opportunities for insurers pursuing subrogation recovery. 

In the article, Josh says, “The practical significance is a Georgia subrogation claim should no longer be dismissed solely because the property damage occurred during a law-enforcement operation." He goes on to say, "“If a carrier pays for damage to insured property, it may be able to pursue the insured’s claim through subrogation, subject to the applicable policy language, state law, governmental defenses, and procedural requirements.”

Josh also noted, “My overall view is that Blue 42 is significant because it changes the threshold analysis in Georgia. The issue can no longer be resolved simply by saying that law enforcement was exercising its police powers. These claims should be evaluated early, notice requirements should be preserved, and the governing constitutional language should be analyzed carefully."

To read the full article, click here.