Melissa Bailey and Corey Mendel recently won a motion for judgment on the pleadings in a first-party bad faith case for a national insurance carrier. In addition to finding no bad faith, the Court found that the plaintiff’s breach of contract claims were brought outside of the suit limitations period of the policy warranting dismissal of the case in its entirety. The case was pending in the Superior Court of Newton County.  

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey recently won summary judgment in a first party bad faith case for a national insurance carrier. In addition to finding no bad faith, the Court found the suit was frivolous and lacked substantial justification, awarding attorney’s fees to our client. The case was pending in the State Court of Gwinnett County.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz recently won summary judgment in a declaratory judgment action related to a wrongful death action. Melissa and Fred argued that the insured made a material misrepresentation in failing to include her adult resident son on her insurance application, so the policy did not provide coverage to the son who purportedly caused the death of the claimant. The Superior Court of Chatham County agreed, granting summary judgment in favor of our insurer client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently won a motion to dismiss for a client in a civil conspiracy case. The claimant alleged that our client assisted its insured in hiding assets that would have been subject to judgment. Finding that the claim against our client lacked legal or factual merit, the Superior Court of Ware County granted our client’s motion to dismiss.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently won summary judgment in a declaratory judgment action involving homeowner’s and CGL policies in the Northern District of Georgia.  The underlying case involved allegations of sexual assault by a fellow patient at a dentist’s office.  We argued on behalf of the insurer client that an abuse and molestation exclusion operated to bar coverage for the dentist and his practice.  The court agreed, finding that the carrier owed no duties of defense, coverage, or indemnification in the tort litigation.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey recently won a motion to dismiss and a motion for reconsideration after oral arguments in the Superior Court of Paulding County.  Defense counsel argued on behalf of the insured that plaintiff failed to exercise due diligence in serving our client before the statute of limitations expired.  They also argued the trial court’s prior order, finding the amended complaint added a new party, should not relate back as the plaintiff failed to show the new party had notice of the suit within the statute of limitations.  The trial court determined that plaintiff did not carry her burden showing she acted in a reasonable and diligent manner in attempting service.  The trial court also granted the motion for reconsideration and dismissed the complaint.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey recently obtained a complete dismissal of two plaintiffs’ complaint as a discovery sanction.  After the plaintiffs failed to timely respond to numerous sets of written discovery, we moved to dismiss the case in its entirety on the basis of failure to prosecute.  The plaintiff failed to provide an adequate explanation for the failures.  The State Court of Douglas County granted the motion to dismiss, resulting in a complete dismissal of plaintiff’s complaint.  Because the plaintiffs had filed a prior dismissal, it resulted in any future re-litigation of the issues being foreclosed.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz won summary judgment on behalf of their insurer client in a declaratory judgment action.  On behalf of the carrier, we argued that no coverage was afforded because the subject vehicle had been sold to the insured’s roommate at the time of the accident.  The opposing parties argued that a question of fact remained as to the timeline for the execution of the bill of sale.  Granting summary judgment in favor of our carrier client, the Gwinnett County Superior Court ruled that the new owner’s possession of the vehicle with no intention of returning it to the insured was dispositive of the issue that the sale had occurred prior to the accident.  For that reason, summary judgment was appropriate.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey were successful in upholding a defense verdict in the Georgia Court of Appeals.  The plaintiff-appellant argued that the verdict was against the weight of the evidence because the defendant admitted in her answer that she had violated a legal duty.  At trial, the defendant-appellee explained that she was turning in to a gas station exit lane at the time of the accident, but she denied having made an improper left turn in front of the plaintiff.  After the DeKalb County jury returned a defense verdict, the plaintiff appealed.  Affirming the trial court’s denial of the motion for new trial and upholding the verdict, the Court of Appeals determined that the defendant’s admission of playing a role in the collision did not foreclose the jury determining that the plaintiff’s contributory negligence prohibited her recovery.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz recently won summary judgment for a non-emergency transportation broker.  The complaint alleged that our client acted as a carrier rather than a broker, making our client vicariously liable for the motor vehicle accident that resulted in the loss of the plaintiff’s leg.  We argued that our client was a broker, not a carrier, and therefore had no legal liability for the alleged negligence of the driver.  The State Court of Clayton County agreed, holding that our client did not maintain the requisite level of control over the driver or her employer to impose vicarious liability, resulting in a full grant of summary judgment for our client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently obtained a complete dismissal of bad faith and breach of contract claim alleging seven figures in damages.  Litigated in the Middle District of Georgia, the suit alleged the commercial insurer acted in bad faith and breached the policy in three distinct ways in handling a first-party claim for damage to a medical facility.  After successfully bifurcating the bad faith and breach of contract claims, Melissa and Fred argued that the three breach of contract claims failed on their merits.  The District Court agreed, granting summary judgment on all three breach of contract claims.  After disposing of the breach of contract claims, the Court ruled that the bad faith claim could not survive in the absence of a breach of a policy obligation by the carrier.  Given that, it also failed as a matter of law, resulting in the complete dismissal of the lawsuit.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz won summary judgment in a case alleging property damage as a result of a fallen tree.  We argued that the property owner was not liable for the damage caused by the fallen tree because there was insufficient evidence that the tree was patently diseased prior to it falling down.  The plaintiff argued that she had warned our business-owner client that she believed the tree was diseased several months prior.  Granting our motion for summary judgment, the trial court held that the plaintiff had failed to carry her burden of proving patent damage to the tree, and summary judgment was appropriate in favor of our landowner client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

The general liability team, including Melissa Bailey, Mallory Ball, and Brittany DeDiego, secured the dismissal of multiple bad faith claims filed against a homeowner’s insurance carrier.  The team argued that the civil actions, brought by a public adjuster via assignment from the policyholder, violated the policy’s non-assignment clause and was invalid.  In the absence of a valid assignment, the public adjuster lacked standing to bring the suits.  The Gwinnett County court agreed and dismissed the suits.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Brittany DeDiego recently won a motion to dismiss a UM carrier from litigation in the State Court of DeKalb County.  We argued on behalf of the UM carrier that service outside of the statute of limitations was inappropriate despite the plaintiff’s claim that the service complied with the statute because it learned of the availability of UM funds after the statute had run.  The trial court determined that the plaintiff had failed to exercise the requisite diligence in uncovering coverage and perfecting service prior to the expiration of the statute of limitations and dismissed the UM carrier.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz obtained summary judgment in a declaratory judgment action on the basis of the policy’s auto business exclusion.  The evidence showed that, at the time of the accident, it was being driven by a mechanic who was returning the vehicle to its owner after completing repairs.  Because the driver was in possession of the vehicle for the sole purpose of repairing it, we argued that coverage was afforded for the underlying tort action because the claims arose out of the use of a vehicle in furtherance of an auto business.  The Superior Court of Fulton County agreed, ruling that our client had no duty to provide a defense, coverage, or indemnity in the tort action.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Melissa Bailey and Fred Valz won summary judgment on a premises liability claim for their restaurant client.  The plaintiff claimed that he slipped and fell on defective anti-skid strips on the restaurant’s entryway ramp.  The Superior Court of Cobb County ruled that plaintiff failed to show the existence of a hazardous condition and also failed to prove the restaurant’s knowledge of the alleged hazard posed by the strips.  Since the premises liability claim failed on the merits, so did the claims for negligent hiring and retention, resulting in a complete dismissal of the lawsuit.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey won summary judgment in the Northern District of Georgia on behalf of their insurance carrier client.  We argued on behalf of the carrier that no coverage was afforded under the commercial policy because the driver did not meet the policy definition of an insured person.  The Court agreed, holding that the driver’s use of a personal vehicle took him outside the policy definition of an insured person.  As a result, the insurer had no duty to provide a defense, coverage, or indemnity to the insured or his employer for the tort suit.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey obtained summary judgment for their insurer client in a first party bad faith action.  The insured claimed that the carrier wrongfully denied coverage for a commercial cargo loss and that denial constituted bad faith under Georgia law.  Ruling in favor of the carrier, the Gwinnett County State Court upheld the carrier’s denial, ruling that there was no coverage for the loss and, as a result, all of the insured’s claims against the carrier, including the claim for bad faith, failed as a matter of law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently won summary judgment for their international oil carrier client in a premises liability case.  The oil company licensed the use of its brand to a station operator, and it was subsequently sued for personal injuries sustained by a customer at the station.  We argued that, because there was not an agency relationship or joint venture between the oil company and the station owner, the oil company could not be held liable for the acts or omissions of the station owner.  The State Court of DeKalb County agreed, and summary judgment was granted in favor of our client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently secured summary judgment for a commercial auto carrier following a fatal fall from an aerial ladder.  The decedent was extended in the air on a boom ladder affixed to the bed of a commercial vehicle when he fell from its basket.  We argued on behalf of the carrier that no coverage was afforded under the policy because the loss arose when the vehicle was being used solely as a pedestal for the ladder rather than as a vehicle.  The Northern District of Georgia agreed and ruled that, as a matter of law, the policy did not provide coverage for the loss.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently obtained a ruling from the State Court of Chatham County granting summary judgment in favor of their landlord client in a dog bite case.  Ruling in the property owner’s favor, the Court held that, as an out-of-possession landlord, the property owner was not liable for the torts of its tenants, including the alleged failure to adequately control the subject dog.  The Court further held that the plaintiff failed to prove that the property owner had superior knowledge of the alleged hazard posed by the dog, a separate basis for the grant of summary judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently obtained a ruling from the Northern District of Georgia granting summary judgment in favor of their insurer client in a declaratory judgment action.  The case sought a declaration as to whether the insurer was required to provide coverage, indemnity, or a defense under a homeowner’s policy for injuries caused as a result of a fight.  We argued on behalf of the insurer that the fight did not constitute an occurrence as defined by the policy, so no coverage was afforded therefor.  Granting summary judgment in favor of the insurer, the Court ruled that the insured’s participation in the fight was not without foresight or design and, for that reason, it did not constitute a covered occurrence.  Given that, the insurer was not obligated to provide coverage, a defense, or indemnity for the incident.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey recently prevailed in the Georgia Court of Appeals on an appeal from the denial of their client’s motion for summary judgment in a premises liability claim. The case involved a plaintiff who fell from a ladder while trimming a tree limb on private property. The plaintiff alleged that the resident defendants had tampered with his ladder, resulting in the safety mechanism becoming unlatched. On appeal, we argued that the denial of our client’s motion for summary judgment was improper because the plaintiff had provided no evidence beyond his own speculation that there was any foul play afoot. Reversing the trial court, the Court of Appeals agreed, stating that a conclusion that the defendants tampered with the ladder, causing it to fall, “would be mere conjecture.” Barclay v. Stephenson, 337 Ga. App. 365 (2016).

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey obtained a ruling from the Northern District of Georgia granting summary judgment in favor of their insurer client in a declaratory judgment action.  The case sought a declaration as to whether the insurer was required to provide coverage, indemnity or a defense where the policyholder failed to pay the initial premium associated with the policy.  We argued on behalf of the insurer that the policy was void from inception due to a failure of consideration, and no coverage was afforded for that reason.  The District Court for the Northern District of Georgia agreed and granted summary judgment in favor of our client, holding that the failure of consideration meant that no contract was created, and the insurer was not obligated to provide coverage, a defense, or indemnity for the accident. Progressive Premier Ins. Co. of Ill. v. Dara Gibbs, et al., Civil Action File No. 1:15-CV-2662-TWT, 2016 WL 1557413 (N.D. Ga. Apr. 18, 2016).

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey obtained a ruling from the Georgia Court of Appeals reversing the trial court’s denial of their client’s motion for summary judgment and ruling in favor of our client.  The case involved a worker’s compensation carrier who attempted to enforce its lien against the alleged third party tortfeasor.  The tort suit had already been litigated and settled, and our client argued that the carrier was barred from bringing a separate action to enforce the lien against a third party.  Reversing the trial court, the Court of Appeals held that the worker’s compensation carrier could not maintain a direct action against the alleged tortfeasor because it failed to protect its lien through intervention in the tort case as required by O.C.G.A. § 34-9-11.1. Schecter v. Auto-Owners Ins. Co., 335 Ga. App. 30 (2015) (cert denied).

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Eleventh Circuit Court of Appeals affirms summary judgment to a trucking insurer in a declaratory judgment action, finding there was no coverage for the claims made by the excluded driver under the $1 million policy for injuries to a truck driver who was driving for the insured company as an independent contractor. A truck driver was severely injured while his tractor trailer was being loaded at a third-party location. He filed suit against a number of entities, including the company for which he was driving as an independent contractor. The insurer filed a declaratory judgment action arguing that there was no coverage for the claims made by the excluded driver because he was an excluded employee under the language of policy. The policy did not define the term employee, but it did contain an MCS-90 endorsement. We argued on behalf of the insurer that “employee” should be defined in accordance with the Federal Motor Carrier Safety Regulations (“FMCSR”) to include statutory employees and independent contractors, which would exclude coverage for the injured truck driver. The Southern District of Georgia agreed and granted summary judgment to the insurer. On appeal, the Eleventh Circuit affirmed, holding that the truck driver was an employee as defined by FMCSR and the definition controlled the use of the term “employee” in the policy. For that reason, there was no coverage for the claims made by the excluded driver under his employer’s policy.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey obtained a ruling from the Georgia Court of Appeals reversing the trial court’s denial of our client’s motion for summary judgment and ruling in favor of our client.  The case involved an interpretation of Georgia’s stacking provisions with respect to uninsured motorist carriers.  We argued that the trial court erred by ruling that our client, as the primary UM carrier, was not entitled to a set-off when its policy was a reduced-by UM policy and the excess UM carrier had an added-on UM policy.  The Court of Appeals agreed with us, ruling that, even though our client was the first in line UM carrier under Georgia’s stacking rules, because it maintained the only reduced-by UM policy, it was entitled to a set-off in the amount of the liability carrier’s policy limits.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz and Melissa Bailey obtained a ruling from the Eleventh Circuit Court of Appeals affirming the grant of summary judgment to our insurance client in a case involving a question of coverage under a personal automobile policy where the insured failed to notify our Carrier of the loss for thirteen months.  The plaintiff argued that timely notice was not a condition precedent to coverage under the policy and that, even if it was, the thirteen month delay was not unreasonable as a matter of law.  The United States District Court for the Southern District of Georgia ruled for our insurance client on its motion for summary judgment, finding that the policy language clearly made timely notice a condition precedent to coverage, and the thirteen month delay in providing notice was unreasonable as a matter of law.  The Eleventh Circuit agreed, affirming the lower court’s ruling in favor of our client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Copeland, Stair, Kingma & Lovell's Annual Insurance Coverage and Bad Faith Seminar was held on Thursday September 12, 2019.  Located at the beautiful Atlanta Botanical Gardens, this two-track format addressed the emerging issues that keep you up at night.  Some session topics included: the rise in tort litigation, putting together the pieces of the wrongful death case, effective use of recorded statements and the material misrepresentation defense, liability exposure in the age of active shooters and the impact bias has on case evaluation and jury deliberations. For more information on this seminar, please contact Michelle Mattox.

Several CSKL Attorneys attended the four (4) day 2019 The CLM Claims College located in Baltimore, MD.  Angela Kopet returned to the Faculty in the School of Casualty and to the School of Leadership as a member of the Executive Committee.  Melissa Bailey, Angela Kopet and Kathy Carlsten attended the THEMIS dinner following the college. The CLM Claims College features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. For more information on the CLM or Claims College, please click here.

Melissa Bailey, Will Farley and Andy Yoho attended the CLM Claims College held from September 5-8 at the Marriott Baltimore Waterfront (Conference Hotel), 700 Aliceanna Street, Baltimore, Maryland 21202. Angela Kopet was asked to return as a faculty member for the Claims College's School of Casualty Claims, Angela taught Level 2: Case Resolution: Development of a Negotiation Strategy. In addition, Angela was named to the CLM's Executive Council for the School of Leadership for 2018, one of four positions supervising courses within the the Claims College School of Leadership. The CLM Claims College features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. For more information on CLM or Claims College, click here.

Angela Kopet was named to the CLM 2017 Claims College faculty, which Carlock Copeland sponsored. Claims and Litigation Management Alliance's (CLM) 2017 Claims College was in Baltimore, MD, September 6-9, 2017.  Angela taught in the School of Leadership - Leading Through Change & Adversity, on Friday September 8, 2017 and the School of Casualty Claims - Level 2: Case Resolution: Development of Negotiation Strategy, also on Friday September 8, 2017. Patrick Norris attended as our sponsor representative and Lee Weatherly was in attendance, as a member of CLM Claims College's Medical Malpractice and Health Care Sub-Committee. Melissa Bailey, Will Farley and Andy Yoho  all attended as students. The CLM Claims College features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry.             Pictured are Patrick Norris and Andy Yoho, both attorneys in our Charleston office, at the Carlock Copeland sponsor table.

Carlock, Copeland & Stair hosted their annual Insurance Coverage & Bad Faith Seminar on August 24 at the Atlanta Botanical Garden. Presentations and Presenters: Have Traditional Rules Gone Up in Smoke?  Impact of Growing Legalization of Medical Marijuana - Dave Root and Abby Grozine. Best Practices for Maintaining Your Claims File - Ryan Wilhelm, Jennifer Guerra, and Claire Sumner. Defending the Institutional Bad Faith Claim - Charlie McDaniel and Kathy Carlsten. New Technology, Old Policies:  Are Aging Policies Equipped to Handle the Consumer Technology Boom? - Fred Valz and Melissa Bailey. Apportionment:  Has It Gotten Insurers Where They Want To Go?  - Charlie McDaniel, Graham Thompson, and Kristen Thompson. Additional Insured Jeopardy - Alex Davis, Laura Paton, Sarah Wetmore, Sally Bright and Nick Stewart. Why the Involvement of a Tractor Trailer Escalates a Case - Gary Lovell. Risk-Averse Insurers and the New Juror:  Exploring Possible Links Between Fewer Trials, Millennial Jurors, and Seemingly Bigger Verdicts - Doug Smith and Lee Weatherly. Please contact Michelle Mattox at mmattox@cskl.law if you would like our attorneys to present in-house lunch & learn sessions or webinars.  

Melissa Bailey and Michael Manfredi attended the CLM Greater Atlanta 4th Annual Mardi Gras Event on March 7 at the Taylor Brawner House, 3182 Atlanta Road, Smyrna, GA 30080.

Melissa Bailey participated in the Trucking and Transportation Regulations, Liability and Litigation Conference at the National Business Institute on December 7.  

Carlock Copeland’s Annual Insurance Coverage and Bad Faith Seminar for claims professionals serving Georgia, South Carolina and Tennessee was held at the Atlanta Botanical Garden on September 15. Melissa Bailey, Jack Daniel, Alex Davis, Charlie McDaniel, David Root, Fred Valz, Lee Weatherly, Sarah Wetmore and Ryan Wilhelm presented. Topics included: • Litigating Coverage Issues Through Appeal • Construction Defect Coverage Issues • Rescinding Policies • Effective Denials and Reservation of Rights Letters • Interplay of Underwriting and Claims • Coverage Issues Involving Additional Insureds • Litigation Coverage Issues In Trucking Policies • Coverage Issues in a Sharing Economy Please contact Michelle Mattox at mmattox@cskl.law for more information.

Carlock, Copeland was proud to be a Gold Sponsor of the CLM 2016 Claims College, held at the Marriott Baltimore Waterfront from September 7 to 10. The CLM Claims College featured more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. Angela Kopet presented The Level II course for Case Resolution – Development of a Negotiation Strategy in the School of Casualty and Level II: Property Evaluation in the School of Property. Angela Kopet, Patrick Norris, Doug MacKelcan, and Melissa Bailey attended.

Copeland, Stair, Kingma & Lovell, LLP is pleased to announce six attorneys in our Atlanta office have been elevated to partner effective January 1, 2020.  We congratulate each of them for this achievement and couldn’t be prouder of the manner in which they have distinguished themselves, both in the courtroom and within the community.

“As we begin 2020, I am excited to announce our first class of new partners this decade.  Our newest partners each exhibit our Firm Fundamentals in all that they do.  We are proud to see them continue to grow and help the Firm achieve our ultimate goal of superior client service.”

~Managing Partner, Shannon Sprinkle~

    Melissa Bailey serves as the Chair of the CSKL Insurance Coverage and Bad Faith Practice Group, as well as Co-Chair of the General Liability Practice Group. She represents her clients in complex trial and appellate litigation across Georgia and also advises clients in pre-suit matters. Prior to joining Copeland Stair, Melissa was an attorney with a litigation firm in Savannah where she practiced in the areas of municipal and county liability defense, commercial litigation, and legal malpractice defense. Melissa received her J.D. from the University of Georgia School of Law and was inducted into the National Order of Barristers during graduation. In her third year of law school, she was one of only two students to argue in front of Supreme Court Justice Clarence Thomas as part of the Gray’s Inn exchange. Melissa was recently selected as Barrister of the Joseph Henry Lumpkin American Inn of Court. This esteemed title is given to only ten members a year that are in their first eight years of practice and possess the potential to move into the top echelon of the bar. John C. deMoulpied, of our Atlanta office, concentrates his practice in commercial litigation, including professional liability claims against attorneys, accountants, directors and officers as well as insurance brokers. John has significant experience in the defense of intellectual property claims, franchise disputes, and class-action suits involving multi-million dollar corporations. As a former Assistant Attorney General in the Civil Rights Division, John has successfully handled numerous federal jury trials and appeals. John attended Vanderbilt University graduating cum laude with his undergraduate degree and received a Ph.D. from Purdue University. He graduated with his J.D. from the University of Chicago Law School and is a member of both the Georgia and Illinois State Bars. Ryan A. Kolb  graduated cum laude with his law degree from Georgia State University College of Law, and received his undergraduate degree in International Business  from Auburn University. Prior to joining CSKL, Ryan served as an Assistant Attorney General in the post-conviction litigation section of the Georgia Attorney General’s office. While at the Attorney General’s office, he was responsible for litigating cases in superior courts across the state. Ryan’s current practice is concentrated in general liability defense and he is admitted to practice in all Georgia Courts, including the northern, middle, and southern district courts as well as the Eleventh Circuit Court of Appeals. Ryan has substantial appellate experience, handling dozens of cases in the Georgia Supreme Court and arguing before the Court on multiple occasions. Tawny D. Mack graduated cum laude from the University of Georgia School of Law. Following law school and prior to joining CSKL, Tawny practiced with a firm in Savannah, Georgia in the areas of construction litigation, commercial litigation, and employment law. Tawny brought her litigation experience to CSKL, where she currently leads the Atlanta Design Professional Practice Group in addition to managing her employment litigation practice. While Tawny’s practice primarily focuses on the representation of architects and engineers in a variety of design and construction-phase disputes, she counsels all design professionals on best practices for contract formation, administration, and digital practice. Tawny is also a frequent speaker for conferences and events and also hosts seminars tailored to keep employers up-to-date on hot topics in employment law that impact their workforce. In 2019, she was elected to the Board for the Atlanta Chapter of the National Association of Women in Construction (NAWIC), selected as a Barrister of the Joseph Henry Lumpkin American Inn of Court, and appointed to the State Bar of Georgia’s YLD Board as the Director of Health and Wellness. Jay M. O’Brien’s practice focuses on catastrophic injury, premises liability and transportation litigation. His extensive litigation experience includes defending individuals, corporations and retailers in a variety of general liability matters, frequently handling from initial investigation through trial and appeal. Mr. O’Brien regularly practices in all state and appellate courts in Georgia and Florida and has been named to the Georgia Super Lawyers Rising Stars® every year since 2014. He earned his J.D. from Nova Southeastern School of Law graduating magna cum laude and was a member of both the Nova Law Review and Moot Court. Stephanie Vari is a member of CSKL’s health care and general liability practice groups. She currently focuses on defending medical providers and organizations against allegations of medical negligence. Prior to joining the firm, she practiced with an insurance defense firm in Denver, Colorado, where she represented physicians, nurses, hospitals and other health care organizations in the defense of allegations of medical negligence. Stephanie graduated from Piedmont Hospital School of Nursing and later received her Bachelor in Science from University of Phoenix. After earning her law degree from the University of Denver Sturm College of Law, she was admitted to practice in Colorado in 2005. Stephanie relocated to Georgia in 2015 and was admitted to the State Bar of Georgia. Stephanie’s background and experience as a registered nurse and nurse paralegal provides her with a unique perspective and familiarity of the issues faced in medical negligence cases.

Carlock, Copeland & Stair, LLP is proud to announce that several of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2019. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement.  Meet our Super Lawyers® and Rising Stars®! Super Lawyers®, only five percent of attorneys in the state of Georgia are selected for inclusion in Super Lawyers list. Our Super Lawyers are: Thomas S. Carlock Wade K. Copeland Eric J. Frisch Johannes S. Kingma D. Gary Lovell, Jr. Rolfe M. Martin Jay M. O'Brien David F. Root Douglas W. Smith Kent T. Stair Fred M. Valz Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list, here is ours in Atlanta: Melissa L. Bailey Please click here to Read about our South Carolina Super Lawyers®  and Rising Stars®!

Melissa Bailey was recently selected as a Barrister in the Joseph Henry Lumpkin American Inn of Court.  The Inn’s members, made up of judges and lawyers of distinguished experience, select ten barristers each year, seeking to identify lawyers in their first eight years of practice who possess the potential to move into the top echelon of the bar.  The Inn focuses on fostering relationships between those who are both recognized as the ablest in the profession and also exhibit excellence in professionalism, ethics, and civility.  Melissa will serve a two year term with the Inn. Congratulations Melissa!

Carlock, Copeland and Stair, LLP is a Gold Sponsor of the CLM 2016 Claims College, which will be held at the Marriott Baltimore Waterfront from September 7 to 10. The CLM Claims College features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. Angela Kopet to present The Level II course for Case Resolution – Development of a Negotiation Strategy in the School of Casualty scheduled for Friday, September 9th from 4:30 – 6:00 p.m.  Angela will also present Level II: Property Evaluation in The School of Property on Thursday, September 8th from 10:45 am – 12:15 pm.  Please click here for Press Release. Angela Kopet, Patrick Norris, Beth Bentley, and Melissa Bailey to attend. Please click here to read the Press Release.

Carlock, Copeland & Stair, LLP has added Melissa L. Bailey as an associate in the Atlanta office. David L. McLean has also been added as our Firm IT Director. Melissa L. Bailey's litigation practice is concentrated in general liability defense, including premises liability, automobile liability, insurance coverage issues, and trucking and transportation litigation. Prior to joining Carlock Copeland, Melissa was an attorney with a litigation firm in Savannah, where she practiced in the areas of municipal and county liability defense, commercial litigation, and legal malpractice defense. Melissa earned her undergraduate degree summa cum laude from Georgia Southern University. She attended the University of Georgia School of Law, where she earned her degree cum laude. In law school, Melissa was a member of the moot court team, placing ninth in the world out of nearly 300 teams and second among the American delegation. At graduation, Melissa was inducted into the National Order of Barristers. David L. McLean will lead our Firm’s IT Department advising the Firm on how to leverage the use of existing technologies, to establish processes around managing the lifecycle of client information and to reduce costs. David holds a B.S. in Computer Science and served as the Chief Information Officer for an ALM Law 200 firm for 23 years prior to joining the Firm.  

CSKL Partner Melissa Bailey is set to present at this years' The CLM Annual Conference in Atlanta, Georgia, August 11-13.  Melissa's presentation, Leveling the Bad-Faith Playing Field: How to Seek Discovery of Plaintiffs' Counsel's Privileged Communications and Work Product, will be on day 2 of the conference, Thursday, August 12th at 10:10 a.m. For more information on this presentation and others at The CLM Annual Conference, please click here.  

CSKL Partner Melissa Bailey will join I Love Insurance Club host Michael Young on Thursday, June 10 at 5:00 pm eastern / 4:00 pm central. Melissa's broadcast titled Bad Faith Without Notice of a Suit? will discuss a recent decision from the Georgia Supreme Court (GEICO vs. Whiteside) that held that a liability carrier could be liable in bad faith even though the insured did not provide the insurer with notice of the underlying lawsuit. Click here to register for I Love Insurance Club's broadcast on Clubhouse.

CSKL Partner Melissa Bailey joined in THEMIS Advocate Group's Thursday webinar series, presenting Reviewing Bad Faith Laws in the U.S. on Thursday, March 18, 2021. This webinar was designed to keep you up-to-date on the latest developments in bad faith across the country.  Topics discussed included changing legal standards, developing factual defenses and obtaining summary judgment in bad faith claims. For more information on THEMIS Thursday webinar series, please click here.

CSKL is a proud member of THEMIS Advocates Group and is pleased to offer you exciting learning opportunities with THEMIS! Our Partners Melissa Bailey and Broderick Harrell will join as panel, at the upcoming THEMIS program Virtual Mediation and the "New Normal," An Interactive Mock Mediation on January 28th. Click here for additional information and registration!  

Melissa Bailey, a frequent speaker at seminars and events, joined other industry professionals to present at The CLM 2019 New York Conference and Holiday Party this year.  On December 5, she and her fellow panelists debated and analyzed significant extra-contractual cases from 2019.  This interactive conference covered the latest in coverage litigation and strategies for approaching these types of exposures. For more information on The CLM or this conference, please click here.

Melissa Bailey and Fred Valz presented to seminar attendees factual and legal issues involved in a hypothetical wrongful death cause of action in a series of oral presentations.  Using an interactive format, Fred and Melissa were able to allow guests to participate in the evaluation and assessment of the exposure presented by the hypothetical case.  This gave attendees insight into how a case evolves from investigation to verdict, as well as into the decision-making process used by most juries.  Then attendees were able to use a web based application to provide the speakers with real-time responses to their series of questions.  This presentation provided participants with the understanding of the jury trial process and created a better foundation for future cause of action defense. For more information on the presentation or seminars, please contact Michelle Mattox.

Does the Insurer Still Have Any Rights? The Interplay of Time-Limited Demands, Coverage Decisions, and Pursuit of Legitimate Fraud Investigations: In the age of prolific Holt and Tiger River Demands, does the insurer effectively have the right to investigate, evaluate and defend a cause of action? This topic explores the use and misuse of policy limits demand and the increased pressure on the insurer and defense counsel to simply receive the demand and issue a check. What are the best strategies for effectively combating these developments to allow a restful night sleep? Presenters/Co-Authors: Fred Valz, Melissa Bailey and Alex Davis. For more information on this program, please contact Michelle Mattox at mmattox@cskl.law

#MeToo, #TimesUp, and Litigation in the Post-Weinstein Era, a presentation focusing on the interaction and impact of social movements on insurance defense litigation, including the rise in various causes of action, defense tactics in other tort litigation and how these movements impact jury verdicts. Presenters/Co-Authors: Melissa Bailey and Tawny Mack. For more information on this presentation, please contact Michelle Mattox at mmattox@cskl.law.

Insurance Coverage Corner Blog Posting by Melissa Bailey. I had the pleasure of attending Claims Litigation and Management Alliance's (CLM) 2017 Claims College in Baltimore, MD last week.  I was a student in CLM's School of Claims Mediation at Claims College, which brought together Claims Professionals and Litigation Attorneys from all over the country to study and discuss current and emerging claims information together.  Claims College was extremely beneficial and was taught by some of the industry’s most distinguished professionals. Here are a few takeaways from 2017 Claims College, School of Claims Mediation Program: 1. Institutional clients continue to move towards seeking early resolution of claims through pre-suit mediation; 2. Effective resolution of claims requires not just careful attention to written and verbal communications, but also the less obvious nonverbal cues that are being communicated by the other side; 3. There’s still no substitute for sitting down with a client in person, even if email dominates the day in our technologically savvy world; and 4. When trying to settle a difficult claim, remember to think outside of the box.  While monetary incentives are usually a primary focus, often non-monetary contributions and opportunities, like vocational training for an injured claimant, can provide the final incentive for settlement.   For more information or to subscribe to the Insurance Coverage Corner Blog, click here.

Fred Valz and Melissa Bailey presented New Technology, Old Policies: Are Aging Policies Equipped to Handle the Consumer Technology Book? at Carlock, Copeland & Stair’s Annual Insurance Coverage & Bad Faith Seminar on August 24 at the Atlanta Botanical Garden. Please contact Michelle Mattox at mmattox@cskl.law if you would like our attorneys to present in-house lunch & learn sessions or webinars.

Recent blog  posting by Melissa Bailey. This month, the Georgia Supreme Court held that a CGL policy did not provide coverage for brain damage to a child as a result of exposure to lead paint in a rental home. The suit arose out of a toddler suffering brain damage due to exposure to lead paint in a rental home. The home was insured by a CGL policy issued to the landlord, and the insurer filed a declaratory judgment action arguing that there was no coverage for the claim because bodily injuries due to exposure to pollutants were excluded. Summary judgment was granted to the insurer in the trial court, but the Court of Appeals reversed, holding that the policy did not specifically exclude lead paint as a pollutant. On certiorari, the Georgia Supreme Court reversed the Court of Appeals, agreeing with the trial court that the pollution exclusion barred coverage for the claim. Specifically, the policy excluded coverage for “(1) ’bodily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’ (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured.” “Pollutant” was defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.” Ruling for the insurer, the Supreme Court acknowledged that the question of whether lead paint was a pollutant was one of first impression in the State, but it held that prior cases excluding coverage for different pollutants (such as carbon monoxide) under policies with similarly broad language were controlling. In keeping with those cases, the Court held that “lead present in paint unambiguously qualifies as a pollutant” and “the plain language of the policy’s pollution exclusion thus excludes [the claim] from coverage.” Key in this ruling was the Court’s lengthy discussion of the history and purpose of pollution exclusions in CGL policies. The case discussed herein is Georgia Farm Bureau Mut. Ins. Co. v. Smith, No. S15G1177 (Ga. March 21, 2016). Please contact us if you would like a copy of the case or have any questions. Please click here for more information on Carlock, Copeland & Stair’s Insurance Coverage Corner Blog.

post from Melissa Bailey via the Carlock Copeland Insurance Coverage Corner blog The Eleventh Circuit recently upheld a district court’s grant of summary judgment to an insurer in a coverage dispute regarding the death of a two year old child.  In Moon v. Cincinnati Ins. Co., the homeowner’s policyholder leased the insured home to his son and daughter-in-law.  Moon, 2015 WL 342330 (11th Cir. Jan. 27, 2015).  The daughter-in-law was babysitting a neighborhood toddler, and, while under her care, the toddler drowned in the backyard swimming pool.  The decedent’s parents subsequently filed sued against the son and daughter-in-law. Read more on the Carlock Copeland Insurance Coverage blog.

Melissa L. Bailey of Carlock, Copeland & Stair and Warner S. Fox of Hawkins Parnell Thackston & Young gave a CLE presentation on apportionment updates at the Georgia Defense Lawyers Association 47th Annual Meeting.