Pogue v. Oglethorpe Power Corp.

Thompson, Justice.

In Pogue v. Oglethorpe Power Corp., 82 F3d 1012 (11th Cir. 1996), the United States Court of Appeals for the Eleventh Circuit certified the following state law question concerning tort immunity for premises owners paying workers’ compensation premiums:

Is a “premise owner” entitled to the statutory tort immunity provided by OCGA § 34-9-11 if the premise owner has purchased a “wrap-up” insurance policy to provide workers’ compensation insurance coverage for all on-site contractors and subcontractors?

We answer this question in the negative.

David and Denise Pogue brought a…