Legal Opinion · Dissent

Four Seasons Healthcare, Inc. v. Willis Insurance Services of Georgia, Inc.

Court of Appeals of Georgia

Decided July 15, 2009No. A09A0785Published

1DissentMiller, Chief Judge

The record is rife with material questions of fact regarding whether Plaintiffs’ claims should be foreclosed by a duty to read their insurance policies. Plaintiffs, moreover, have otherwise presented sufficient evidence to proceed to a jury trial on their negligence claims against Willis. Accordingly, I must respectfully dissent.

1.1 disagree with the majority’s conclusion that the duty to read *188bars Plaintiffs’ negligence claims, as a matter of law, especially in light of the fact that Plaintiffs did not possess the Four Seasons policy before the Excelsior action was filed.

As we stated in…

2Cases cited7 opinions

  1. European Bakers, Ltd. v. HolmanCourt of Appeals of Georgia · 1985
  2. Atlanta Women's Club, Inc. v. WashburneCourt of Appeals of Georgia · 1992
  3. Kirby v. Northwestern National Casualty Co.Court of Appeals of Georgia · 1994
  4. Canales v. Wilson Southland Insurance AgencyCourt of Appeals of Georgia · 2003
  5. Pope v. MERCURY INDEM. CO. OF GEORGIACourt of Appeals of Georgia · 2009

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