Ga. Supreme Court's Take On Waiver And Estoppel

Law360, New York (December 4, 2012, 12:42 PM EST) -- The Georgia Supreme Court has reaffirmed Georgia law regarding when and under what circumstances an insurer may reserve rights and seek declaratory relief and made clear that things work a bit differently in this respect in Georgia. The general rule is that an insurer does not waive, or is not estopped from asserting, a coverage defense if it has denied coverage on some other ground.

Waiver and estoppel typically apply only where an insurer defends without having raised an issue of which it had reason to...
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