Legal Opinion · Dissent

Georgia Department of Administrative Services v. McCoy

Court of Appeals of Georgia

Decided March 16, 2017No. A16A2175Published

1DissentEllington, Presiding Judge

I respectfully dissent because I agree with the trial court that the General Liability Agreement (“GLA”) is ambiguous.

Judgment was entered in the underlying lawsuit in favor of Melinda McCoy on her claims of malicious prosecution and violation of the Racketeer Influenced and Corrupt Organizations (“RICO”) statutes. I agree with the majority that the underlying judgment against the state employee defendant, Nicole Allen, could have *885established liability only for her actions made outside the scope of her employment. Accordingly, the pertinent issue is whether the GLA nevertheless provides…

2Cases cited3 opinions

  1. Davis v. United American Life InsuranceSupreme Court of Georgia · 1959
  2. American Strategic Insurance v. HelmCourt of Appeals of Georgia · 2014
  3. TRICOLI v. WATTS Et Al.Court of Appeals of Georgia · 2016

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