Residential Developments, Inc. v. Merchants Indemnity Co.
Court of Appeals of Georgia
1Opinion of the Court
Jordan, Presiding Judge.
Antedating the 1959 amendment to the declaratory judgment statute and the more recent civil practice statute this court distinguished an action by an insurer to determine liability before defending an action against its alleged insured from one brought by the alleged insured, as follows: "In that type of case the insurance company is faced with the problem of spending money to defend an action which it could not recover if it were later found to be not liable under the policy issued by it. However, such is not the case here where the insured is seeking the declaratory…
Also in this document: Concurrence.
2Cases cited7 opinions
- Pinkard v. MendelSupreme Court of Georgia · 1960
- United States Casualty Co. v. Georgia Southern & Florida Ry. Co.Court of Appeals of Georgia · 1957
- Phoenix Assurance Co. v. Glens Falls InsuranceCourt of Appeals of Georgia · 1960
- Georgia Southern & Florida Railway Co. v. United States Casualty Co.Court of Appeals of Georgia · 1958
- Southeastern Fidelity Fire Insurance v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leader National Insurance v. SmithCourt of Appeals of Georgia · 1985
- Argonaut Insurance v. Atlantic Wood Industries, Inc.Court of Appeals of Georgia · 1988
- Hoffman v. Insurance Company of North AmericaCourt of Appeals of Georgia · 1974
- State Farm Mutual Automobile Insurance v. Astro Leasing, Inc.Court of Appeals of Georgia · 1990
- Eberhardt v. UNIGARD MUTUAL INSURANCE COMPANYCourt of Appeals of Georgia · 1977
5 more not listed; retrieve them via the Exa API.