Phoenix Insurance v. Aetna Casualty & Surety Co.
Court of Appeals of Georgia
1Opinion of the Court
Whitman, Judge.
The Phoenix Insurance Company (hereafter called Phoenix or plaintiff) brought a three-count complaint against the Aetna Casualty & Surety Co. (hereafter called Aetna). Aetna made a motion to dismiss the complaint on all counts which the trial court sustained. This action by the trial court is appealed from and enumerated as error.
All counts of the complaint address themselves to a certain policy of insurance. Count 1 of the complaint is an action on the policy or contract. Count 2 seeks reformation of the contract, in certain regards, but the issues raised by the dismissal of…
Also in this document: Concurrence.
2Cases cited12 opinions
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Underwriters' Agency v. SutherlinSupreme Court of Georgia · 1875
- GENERAL INSURANCE COMPANY OF AMERICA v. Lee Chocolate CompanyCourt of Appeals of Georgia · 1958
- Moore v. Allstate Insurance CompanyCourt of Appeals of Georgia · 1963
- Cotton States Mutual Insurance v. HuttoCourt of Appeals of Georgia · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDonough Construction Co. v. McLendon Electric Co.Supreme Court of Georgia · 1978
- Canal Insurance v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1987
- Ambrose v. Harrison Mutual Insurance AssociationSupreme Court of Iowa · 1973
- Known Litigation Holdings, LLC v. Navigators Ins.District Court, D. Connecticut · 2013
- Aetna Casualty & Surety Co. v. Phoenix InsuranceCourt of Appeals of Georgia · 1978
3 more not listed; retrieve them via the Exa API.