Observations The specific requirements for an alcohol or controlled substance test are carefully described in the regulations. A written record describing these “contemporaneous, articulatable observations” must be prepared before the test results are reported. If reasonable suspicion testing occurred on the subject driver, review not only the results, but the…
Reasonable Suspicion (382.307): Overview The implications of reasonable suspicion testing are significant. It shows that a supervisory employee trained to recognize signs of alcohol or drug use was concerned enough to order the driver to undergo testing. This presents an expense to the employer, in the test itself, lost time…
Random Testing: Overview All motor carriers must participate in a random testing program that tests for alcohol and drugs. The regulations set out detailed requirements of the percent of employees performing safety-sensitive functions who must be tested. No reported case involving a personal injury claim against the motor carrier, and…
The Reasonable Expectations Doctrine In Insurance Bad Faith The plain meaning of an insurance policy is informed by the reasonable expectations of the insured. “A contract of insurance should be strictly construed against the insurer and read in favor of coverage in accordance with the reasonable expectations of the insured.”…
Insurance Bad Faith And Common Law In addition to the cause of action for bad-faith failure to pay that is grounded in statute, Georgia recognizes a cause of action for insurance bad faith that is grounded in the common law. As explained below, common-law bad faith is associated with a…
Because an insurance policy is a contract, any dispute implicating an insurer’s bad faith will involve the meaning of the words in the insurance policy. This is true no matter the type of bad faith at issue. Construction and interpretation of an insurance policy come into play in statutory bad-faith…