Jay is a member of the firm’s Litigation and Dispute Resolution practice group. Jay is a civil litigation and trial attorney, focusing his practice of more than 35 years on the defense of insurers and corporations of toxic tort, insurance coverage, construction defect, products liability, employment litigation. His practice includes handling personal injury, workers compensation and medical malpractice matters. A veteran of more than 117 jury trials, Jay has defended virtually all of the national and major regional pest control companies, pesticide manufacturers and their insurers, and has now handled more than 550 such cases.
Jay specializes in environmental law from the insurance perspective, having handled numerous insurance coverage issues and liability cases on behalf of both insurers and corporations during his career. This particular expertise has been recognized by the American Bar Association. The association chose Jay to participate in its subcommittee focusing on revisions of the Comprehensive General Liability Policy, with special emphasis on rewriting the “sudden and accidental” pollution exclusion, which is now standard in most CGL insurance policies.
Along with the rise in internet advertising and intellectual property claims, Jay has defended numerous claims for insureds and litigated coverage for these claims under the current Insurance Services Office policy forms.
Jay is an FAA licensed pilot and handles selected aviation matters including cases before the Federal Aviation Administration and National Transportation Safety Board. In addition, he is panel counsel for the Aircraft Owners and Pilots Association.
Practices
- Premier Eye Associates, P.C. v. MagMutual Insurance Co., 2020 WL 3025528 (June 5, 2020)
- Arrow Exterminators, Inc. v. Gates Condominium Homeowners Association, 294 Ga. App. 620, 669 S.E.2d 421 (2008)
- Smith v. Orkin Exterminating Co., Inc., 258 Ga. 705, 373 S.E.2d 740 (1988)
- Fouch v. Mine Safety Appliances, et. al., 326 Ga. App. 863, 756 S. E.2d 682 (2014)
- Barlow v. Orkin Exterminating Co., Inc., 196 Ga. App. 822, 397 S.E.2d 170 (1990)
- Orkin Exterminating Co., Inc. v. Flowers, 187 Ga. App. 270, 370 S.E.2d 29 (1988)
- Raley v. Terminix Intern. Co., L.P., 215 Ga. App. 324, 450 S.E.2d 343 (1994)
- Orkin Exterminating Co. v. Morrison, 187 Ga. App. 780, 371 S.E.2d 407 (1988)
- Leigan v. Sears Roebuck & Co., 248 Ga. App. 145, 546 S.E.2d 293 (2001)
- Gale Industries, Inc. v. O’Hearn, 257 Ga. App. 220, 570 S.E.2d 661 (2002)
- Nunn v. Orkin Exterminating Co., Inc., 256 Ga. 558, 350 S.E.2d 425 (1986)
- Smith v. Branch, 226 Ga. App. 626, 487 S.E.2d 35 ( 1997)
- Georgia Mutual Ins. Co., Inc. v. Rollins, Inc., 209 Ga. App. 744, 434 S.E.2d 581 (1993)
- Boyd v. Orkin Exterminating Co., Inc., 191 Ga. App. 38, 381 S.E.2d 295 (1989)
Education
- University of the Pacific, McGeorge School of Law, and Mercer University, Walter F. George School of Law, JD, 1983
- Mercer Law Review
- Phi Delta Phi
- University of Tennessee at Chattanooga, BA, 1980
Admissions
- Georgia
- United States District Courts: Northern District of Georgia, Middle District of Georgia, Southern District of Georgia
- United States Court of Appeals: Fifth Circuit, Eleventh Circuit
- Supreme Court of Georgia
- United States Court of Federal Claims
Professional Memberships
- American Bar Association
- Atlanta Claims Association, Board of Directors
- Southern Loss Association Inc.
- National Pest Management Association
- Georgia Pest Control Association
- Certified Pest Control Operators of Georgia
- Aircraft Owners and Pilots Association
- Defense Research Institute
- Lawyers Club of Atlanta
Languages
- English
Related News
Presentations/Publications
- Chapter Author, “Discovery Issues in Psychological Injury Claims,” The Insurer’s Handbook of Psychological Injury Claims (1995)
- Author, “Labor Law,” 1985 11th Circuit Survey, 37 Mercer Law Review 1445 (1986)
- Author, “Labor Law,” 1984 11th Circuit Survey, 36 Mercer Law Review 1271 (1985)
- Author, “Polk County v. Dodson: The Supreme Court Formulates a New Test,” 34 Mercer Law Review 1147 (1983)
Honors & Awards
- American Jurisprudence Award for Labor Law
Recognition
- Included among The Best Lawyers in America© annually since 2022 in the areas of Insurance Law and Litigation – Labor and Employment