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...
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Brandon D. Wagner successfully defended two separate counterclaims; one at the trial level, and one taken to the Georgia Court of Appeals. Order Granting Summary Judgment in favor of the Association on its Claims and Against the Defendant’s Counterclaims - In a lawsuit involving collection an owner's unpaid assessments, the owner filed a counterclaim against the association alleging violations of the Fair Debt Collection Practices Act (the "FDCPA") and sought recovery of monies...
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Lueder, Larkin & Hunter, LLC collected $8,322,632.11 for our clients in 2015, which is up from the $7.7 million we collected in 2014! We know the importance of collections. We know that clients do not want to pay hundreds or thousands of dollars per delinquent account without getting results. Our firm therefore pioneered the industry with results-oriented collections that we call Common Sense Collections. We place the financial burden of collections and place it where it should be...
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A homeowner sued one of our community association clients and argued, in part, that the association had a duty under Georgia law to enforce the covenants against all violations and that the association may be liable for not enforcing. Specifically, the homeowner argued that if Homeowner "A" has a covenant violation that the association does not enforce, then Homeowner "B" may sue the association for not enforcing against Homeowner "A." The Georgia Court of Appeals in the case of Rymer v....
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Jason W. Hammer and Blair J. Cash obtained a dismissal in favor of their client in the State Court of Cobb County. The case arose out of a motor vehicle accident allegedly resulting in over $25,000.00 in past medical expenses for the Plaintiff. The Plaintiff previously dismissed his lawsuit without prejudice and subsequently filed a renewal action. Although the Plaintiff eventually served the Defendant with the renewal action, Mr. Hammer and Mr. Cash argued that the Plaintiff's delay in...
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