Spearman v. Southeastern Highway Contracting Co.

Quillian, Judge.

This is the second appearance of this case in this court. See Spearman v. Southeastern Hwy. Contr. Co., 125 Ga. App. 85 (186 SE2d 484). The only issue for determination in this case is whether the insurance policy in question gave the insurer the authority to settle a claim against the insured without his consent so as to bring the policy within the provisions of Code Ann. § 56-408.1 (Ga. L. 1963, p. 643). The policy provided in part: "The company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property…