State Farm Mutual Automobile Insurance v. Allstate Insurance

Deen, Judge.

We prefer not to get into the area of whether the original letter denying coverage from Allstate to Mrs. Martin was a "condition denial” or a "strict denial,” as we do not think this affects the result of this case. Appellants citing Reliance Ins. Co. v. Brooks Lumber Co., 101 Ga. App. 620 (115 SE2d 271) and like cases, contend that once the insurer has denied coverage the uncertainty has ended and the right to declaratory judgment along with it, since that right is given not as an approval of past conduct but with respect to the propriety of a future act where, without such…