Legal Opinion

DIXIE AUTO INSURANCE COMPANY v. Smith

Court of Appeals of Georgia

Decided January 27, 1964No. 40462PublishedCited by 2 opinions

1Opinion of the Court

Pannell, Judge.

1. A policy of insurance in which the insurer agrees “to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages . . . sustained by any person caused by accident and arising out of the ownership, maintenance or use of the automobile” is a contract to pay liabilities rather than a contract of indemnity, and the cause of action thereon is complete when the liability attaches rather than after the discharge by the insured of the liability insured against. Hodges v. Ocean Acc. &c. Corp., 66 Ga. App. 431, 433 (18 SE2d 28); Liberty…

2Cases cited8 opinions

  1. Hodges v. Ocean Accident & Guarantee Corp.Court of Appeals of Georgia · 1941
  2. Liberty Mutual Insurance v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1942
  3. Maryland Casualty Co. v. SammonsCourt of Appeals of Georgia · 1940
  4. Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
  5. Bates & Co. v. ForsythSupreme Court of Georgia · 1882

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

3Cited by2 opinions

  1. Elder Building Supply Co. v. WallCourt of Appeals of Georgia · 1966
  2. Rankin v. SmithCourt of Appeals of Georgia · 1966

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