Legal Opinion

Battle v. Liberty Mutual Fire Insurance

Court of Appeals of Georgia

Decided November 3, 2005No. A05A0949PublishedCited by 7 opinions

1Opinion of the Court

Barnes, Judge.

Le’Roy Battle sued Liberty Mutual Fire Insurance Company and Georgia Underwriting Association (GUA), seeking payment for fire damage to his house. The insurance companies answered and moved for summary judgment, which the trial court granted. The court held that Battle was judicially estopped from recovering from his insurers because he failed to list the house as an asset in his successful 1995 Chapter 7 bankruptcy petition. For the reasons that follow, we affirm the trial court.

On January 31, 2002, a fire damaged Battle’s Columbus house while he was away. An investigator with…

2Cases cited6 opinions

  1. Southmark Corp. v. Trotter, Smith & JacobsCourt of Appeals of Georgia · 1994
  2. Period Homes, Ltd. v. WallickSupreme Court of Georgia · 2002
  3. Reagan v. LynchCourt of Appeals of Georgia · 1999
  4. IBF Participating Income Fund v. Dillard-Winecoff, LLCSupreme Court of Georgia · 2002
  5. Vojnovic v. BrantsCourt of Appeals of Georgia · 2005

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3Cited by7 opinions

  1. Pechin v. LowderCourt of Appeals of Georgia · 2008
  2. Thompson v. QuarlesDistrict Court, S.D. Georgia · 2008
  3. Richards v. D. R. Horton, Inc.Court of Appeals of Georgia · 2013
  4. Mann v. HardawayCourt of Appeals of Georgia · 2010
  5. Mark A. Richards v. D. R. Horton, Inc.Court of Appeals of Georgia · 2013

2 more not listed; retrieve them via the Exa API.

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