Legal Opinion

Earwood v. Evanston Insurance Co.

District Court, N.D. Georgia

Decided February 1, 2017No. CIVIL ACTION FILE NO. 1:16-CV-2625-SCJ, CIVIL ACTION FILE NO. 1:15-CV-4433-SCJPublished

1Opinion of the Court

ORDER

HONORABLE STEVE C. JONES, UNITED STATES DISTRICT JUDGE

In this insurance coverage dispute, Ev-anston Insurance Co. seeks a declaration that it owes Defendant David Earwood no duty to defend or indemnify for claims arising from the death of his wife, Christine Earwood. Both sides have cross-moved for summary judgment. Because the events surrounding Christine’s death did not trigger the coverage exclusion upon which Evanston relies, the Court DENIES Evanston’s motion (doc. 54)1 and GRANTS Earwood’s. Doc. 60. '

1. BACKGROUND

“In the early evening of September 1, 2014, Christine Earwood was a…

2Cases cited9 opinions

  1. Continental Casualty Co. v. HSI Financial Services, Inc.Supreme Court of Georgia · 1996
  2. Georgia Farm Bureau Mutual Insurance Company v. SmithSupreme Court of Georgia · 2016
  3. Jefferson Insurance Co. of New York v. DunnSupreme Court of Georgia · 1998
  4. Hays v. Georgia Farm Bureau Mutual Insurance Co.Court of Appeals of Georgia · 2012
  5. Barrett v. National Union Fire Insurance Co. of PittsburghCourt of Appeals of Georgia · 2010

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