Aetna Casualty & Surety Co. v. Brooks

106 Ga. App. 427 (1962)

127 S.E.2d 183

AETNA CASUALTY & SURETY COMPANY

v.

BROOKS et al.

39268.

Court of Appeals of Georgia.

Decided July 3, 1962.

Rehearing Denied July 27, 1962.

T. J. Long, Ben Weinberg, Jr., for plaintiff in error.

Clinton J. Morgan, William H. Whaley, Matthews, Maddox, Walton & Smith, Oscar M. Smith, contra.

BELL, Judge.

We are confronted in this case with these hitherto undecided unique issues:(a) Which is paramount when they clash — the clear and unambiguous written provision of a contract of insurance or the right of an insured to pursue a private claim not arising under the…