Achievements & Results
Fred Valz and Jena Emory Protect Their UM Carrier Client from Breach of Contract Claim
Fred M. Valz, III and Jena G. Emory recently won a motion for judgment on the pleadings in a breach of contract claim against a UM carrier. A new trend has begun among Georgia plaintiffs where, instead of waiting to bring a bad faith claim against a UM carrier, they attempt to bring a breach of contract claim against the UM carrier in the original tort suit. In this case, Plaintiff did just that, and Valz and Emory filed a motion for judgment on the pleadings arguing that bad faith is Plaintiff’s exclusive remedy for the alleged failure to pay a UM claim and any breach of contract claim is not allowed by Georgia law. The court granted the motion.