Legal Opinion

JCS Enterprises, Inc. v. Vanliner Insurance

Court of Appeals of Georgia

Decided July 15, 1997No. A97A0865PublishedCited by 6 opinions

1Opinion of the Court

Johnson, Judge.

In this case of first impression in Georgia, we are called upon to determine the rights of a secured creditor in insurance benefits payable from a third-party tortfeasor’s insurer upon the destruction of the collateral.

On August 21, 1995, JCS Enterprises sold a truck to Vicki and Jesse East. The Easts made a $1,000 down payment, and JCS financed the balance of $22,100 in a contract under which JCS retained a security interest in the truck. The next day JCS perfected its security interest under OCGA § 40-3-50 (b) by delivering to the Motor Vehicle Division of the Georgia…

2Cases cited12 opinions

  1. Maryland Casualty Insurance v. WelchelSupreme Court of Georgia · 1987
  2. Chrysler Credit Corp. v. SmithSuperior Court of Pennsylvania · 1994
  3. Matter of Reda, Inc.United States Bankruptcy Court, N.D. Illinois · 1985
  4. State Automobile Mutual Insurance Co. v. Chrysler Credit Corp.Court of Appeals of Kentucky · 1990
  5. Terra Western Corp. v. Berry & Co.Nebraska Supreme Court · 1980

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Monticello, Ltd. v. City of AtlantaCourt of Appeals of Georgia · 1998
  2. Board of Assessors of Jefferson County v. McCoy Grain Exchange, Inc.Court of Appeals of Georgia · 1998
  3. All Business Corp. v. ChoiCourt of Appeals of Georgia · 2006
  4. Fulton County v. American Factors of Nashville, Inc.Court of Appeals of Georgia · 2001
  5. Altegra Credit Co. v. Ford Motor Credit Co. (In Re Brantley)United States Bankruptcy Court, S.D. Georgia · 2002

1 more not listed; retrieve them via the Exa API.

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