In Rabun & Assoc. Construction, Inc. v. Berry , Nos. A05A1079, A05A1080, 2005 WL 3099879 (Ga. App. Nov. 21, 2005), a Georgia appeals court ruled that language in a proof of loss statement did not effectively assign insured's rights or interests to their homeowners insurer, and insureds were allowed to bring action against a contractor and subcontractor for damages to their home and property.

Danielle Berry and Mark Squillante (the appellees) hired the Gudaitis appellants as general contractors on a home renovation. Rabun & Associates Construction served as the subcontractor. Rainwater that entered through an opening in the appellees' roof caused structural and personal property damage. Damage was allegedly caused by the workers not properly securing tarps over the opening.