Legal Opinion

Ovbey v. Continental Insurance

District Court, N.D. Georgia

Decided June 25, 1985No. Civ. A. C84-1617APublishedCited by 7 opinions

1Opinion of the Court

ORDER

FORRESTER, District Judge.

This action, for breach of an insurance contract, is before the court on cross motions for summary judgment. The defendant contends that the cause of the foundation wall collapsing on plaintiff’s house was the result of either a latent defect or of water pressure below ground exerted on the foundation wall, both of which are excluded risks from the policy. The plaintiff has moved for summary judgment that the cause of the foundation wall collapse was covered, and did not fall within any of the exclusions.

The undisputed facts of the case establish that the wall…

2Cases cited5 opinions

  1. Peach State Uniform Service, Inc. v. The American Insurance CompanyCourt of Appeals for the Fifth Circuit · 1975
  2. Broome v. Allstate Insurance CompanyCourt of Appeals of Georgia · 1977
  3. Hanover Fire Ins. v. Newman's Inc.Court of Appeals for the Fifth Circuit · 1939
  4. National Hills Shopping Center, Inc. v. Insurance Co. of North AmericaDistrict Court, S.D. Georgia · 1970
  5. Cuesta v. Royal InsuranceSupreme Court of Georgia · 1896

3Cited by7 opinions

  1. American Concept Insurance v. JonesDistrict Court, D. Utah · 1996
  2. Pioneer Chlor Alkali Co. v. National Union Fire InsuranceDistrict Court, D. Nevada · 1994
  3. Principle Solutions Group, LLC v. Ironshore Indemnity, Inc.Court of Appeals for the Eleventh Circuit · 2019
  4. MacOn Light House Revival Center, Inc. v. Continental InsuranceDistrict Court, M.D. Georgia · 1987
  5. Ovbey v. Continental InsCourt of Appeals for the Eleventh Circuit · 1986

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