Attorney Wayne D. Taylor's Legal Cases

Personal injury

Marie Lesley-Boyd v. O'Charley's, Inc.

Jul 28, 2003

OUTCOME: Daubert motion and summary judgment motion granted

Case involved a claim for personal injury resulting from the plaintiff's fall on steps at an O'Charley's restaurant. The plaintiff claimed that the steps in the restaurant were not constructed in con ... formance with the applicable building code, which violation caused her fall. The United States District Court for the Northern District of Georgia granted O'Charley's Daubert motion to exclude plaintiff's expert because the expert did not employ the proper methodology to determine whether the steps were constructed in accordance with the applicable building code. The Court then granted summary judgment in favor of O'Charley's, finding that plaintiff failed to produce sufficient admissible evidence to support her claim that any alleged hazard caused plaintiff's injuries.

Insurance

Lewis West Oehmig, Jr. v. Willis Corroon Corp. of Tennessee v. Pacific Indemnity Company

Dec 30, 1999

OUTCOME: Summary judgment granted to property insurer

Case involved indemnity claim against Pacific Indemnity Company by insurance agency in connection with insureds' claim that insurance agency failed to ensure their home was adequately covered. The Cha ... ncery Court of Hamilton County, Tennessee granted Pacific's motion for summary judgment, ruling that Paific was not obligated to indemnify the insurance agency for any misdeeds committed by the insurance agency.

Insurance

Jewelers Mutual Insurance Company v. Flair Jewelers, Inc.

Sep 30, 1999

OUTCOME: Summary judgment granted to jewelers block insurer

Case involved insured jewelery store's claim that Jewelers Mutual refused to indemnify the insured for its burglary loss under a jewelers block insurance policy. The United Dtates District for the Nor ... thern District of Georgia granted Jewelers Mutual's motion for summary judgment because the insured failed to maintain appropriate business records of its inventory, as required as a condition of coverage under the policy. The Court also dismissed the insured's claims for purportedly slanderous remarks made by the independant insurance adjuster hired by Jewelers Mutual to investigate the claim.

Insurance

Drew Hill v. Safeco Insurance Company of America

Sep 30, 1999

OUTCOME: Summary judgment granted to property insurer

Case involved a claim against Safeco for failing to pay the insured's loss to his building and Indian arrowhead collection under a homeowner's insurance policy and bad faith failure to pay. The United ... States District Court for the Middle District of Georgia granted Safeco's motion for summary judgment ruling there was no obligation to pay under the policy because the insured failed to comply with three conditions precedent to recovery under the policy.

Insurance

Lewis West Oehmig, Jr. v. Pacific Indemnity Company

Jun 21, 1999

OUTCOME: Judgment in arbitration granted to insurer

Case involved a claim that Pacific Indemnity Company failed to fully compensate its insureds under a homeownerâ€™s insurance policy following a fire loss that occurred while the house in Chattanooga, T ... ennessee was undergoing major renovations and the insureds were living elsewhere during the renovations. The insurance policy, when originally issued by Pacific, called for payment of claims on an extended replacement cost basis, which meant that the cost of repair was covered regardless of the policyâ€™s coverage limits. Six weeks before the policy was to be renewed and while the renovations were ongoing, Pacific notified the insureds about a change to the policyâ€™s payment basis while structures are undergoing renovation to conditional replacement cost, which meant that Pacificâ€™s liability could not exceed the policyâ€™s stated coverage limits. After the effective date of the policyâ€™s renewal, the insuredsâ€™ house was severely damaged by fire. Judge Robert L. Vining, Jr., as the designated arbitrator for the parties, ruled that Pacific was not obligated to pay the insureds on an extended replacement cost basis, as the structure was undergoing renovations at the time of the fire and the insureds were living elsewhere at the time, and Pacific gave proper notice of the policy's coverage changes to the insureds before renewal under Tennessee law.

Insurance

CNA International Reinsurance Company v. CPB Enterprises, Inc.

Nov 06, 1997

OUTCOME: Summary judgment granted to liability insurer

Case involved a claim for coverage under a liability insurance policy due to allegations of sexual harrassmnet asserted against the insured in Alabama. The United States District Court for the Souther ... n District of Alabama granted CNA's motion for summary judgment, finding that the policy's exclusion for sexual and/or physical abuse precluded coverage for the claims.

Litigation

Lewis and West Oehmig, Jr. and Pacific Indemnity Company v. Wallis Construction Company and Lamplighter Electric Company

May 15, 1997

OUTCOME: $812,500.00 jury verdict in favor of subrogating property insurer

Case involved a subrogation claim brought on behalf of Pacific Indemnity Company for damages against a general contractor and electrical sub-contractor due to a fire that occurred to the insureds' home ... while undergoing major renovations. After a five week trial, the jury found that the negligence of the general contractor and electrical sub-contractor was the cause of the fire and awarded damages in the amount of $812,500.00.

Insurance fraud

Sun Insurance Office of America v. Wimberly and Howard Bennett

Sep 09, 1996

OUTCOME: Jury verdict in favor of insurer

Case involved a request for declaratory judgment that Sun has no obligation to pay for a fire loss at the insureds' residence under a property insurance policy based on arson and misrepresentation of m ... aterial facts during the submission of the claim. At the conclusion of a week long trial in the United States District Court for the Northern District of Georgia, the jury issued a unanimous verdict that the insureds were not entitled to recover under the policy based on arson by the insureds and misrepresentation of material facts by the insureds during the submission of their claim.

Insurance

Virginia Properties, Inc. v. The Home Indenity Company, et al.

Mar 23, 1996

OUTCOME: Summary judgment granted to liability insurers

Case involved a claim by Virginia Properties for coverage under various liability insurance policies for the cost to clean up chemical contamination at a wood treatment facility in Virginia. The Unite ... d States District Court for the Northern District of Georgia granted the insurers' motion for summary judgment, ruling that coverge for the clean up costs was precluded under the liability policies' pollution exclusions.

Insurance

Williams v. Fallaize Insurance agency, et al.

Feb 29, 1996

OUTCOME: Summary judgment granted to jewelers block insurer affirmed

Case involved allegations that a jewelers block insurer wrongfully refused payment of a claim for the theft of jewelry from a vehicle under a jewelers block insurance policy issued by Lloyd's of London ... . The Court of Appeals of Georgia affirmed the trial court's ruling granting summary judgment to Lloyd's of London because the policy's unattended vehicle exclusion precluded coverage for the loss.

Wayne D. Taylor's Legal Cases (26)

Marie Lesley-Boyd v. O'Charley's, Inc.

Lewis West Oehmig, Jr. v. Willis Corroon Corp. of Tennessee v. Pacific Indemnity Company

Jewelers Mutual Insurance Company v. Flair Jewelers, Inc.

Drew Hill v. Safeco Insurance Company of America

Lewis West Oehmig, Jr. v. Pacific Indemnity Company

CNA International Reinsurance Company v. CPB Enterprises, Inc.

Lewis and West Oehmig, Jr. and Pacific Indemnity Company v. Wallis Construction Company and Lamplighter Electric Company

Sun Insurance Office of America v. Wimberly and Howard Bennett

Virginia Properties, Inc. v. The Home Indenity Company, et al.

Williams v. Fallaize Insurance agency, et al.