Jason W. Hammer and Elizabeth K. Lowrey Win Summary Judgment on Behalf of Insurer
Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for an insurer in the State Court of Cobb County. The case arose out of an August 26, 2011 motor vehicle accident. The Plaintiff incurred almost $20,000 in past medical expenses and the Defendant was uninsured. Our firm represented Plaintiff’s purported uninsured motorist carrier, arguing the Plaintiff breached the notice provisions of the policy by failing to timely provide a copy of the Complaint. Plaintiff argued that because the insurer had notice of Plaintiff’s claims, the insurer was not prejudiced by the delay. Mr. Hammer and Ms. Lowrey argued that prejudice to the insurer is of no consequence when the insurance contract strictly outlines conditions for coverage. The Court agreed, granting the insurer’s Motion for Summary Judgment in full, thereby eliminating any liability or exposure to the insurer.
Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.
Elizabeth K. Lowrey is an associate in the Buckhead office of Lueder, Larkin & Hunter where her practice focuses on general liability defense and litigation. Elizabeth can be reached at elowrey@luederlaw.com.