Georgia Farm Bureau Mutual Insurance v. Ray

Birdsong, Judge.

This is an appeal from the dismissal of a petition for declaratory judgment. The facts show that appellee Shaw as a farm owner was an insured of the appellant, Ga. F arm Bureau Mut. Ins. Co. It is undisputed that Shaw unlawfully killed Danny Ray, the deceased husband of the appellee Ray. Shaw apparently was indicted and convicted of the murder of Ray. The appellee Ray filed suit against Shaw for the wrongful death of her husband. Shaw in turn forwarded the complaint to his insurer, appellant. Appellant then sought by declaratory judgment to ascertain its contractual liability…