Legal Opinion

Pomerance v. Berkshire Life Insurance Co. of America

Court of Appeals of Georgia

Decided November 20, 2007No. A07A1025PublishedCited by 15 opinions

1Opinion of the Court

Bernes, Judge.

This appeal involves the interpretation of the total disability provision found in four occupational insurance policies. The trial court concluded that the policies’ definition of total disability was unambiguous and that the insured, Alan J. Pomerance, M.D., was not totally disabled as a matter of law. Consequently, the trial court granted summary judgment in favor of the insurer, Berkshire Life Insurance Company of America, and denied Pomerance’s motion for partial summary judgment. Pomerance now appeals, and for the reasons discussed below, we reverse.

Summary judgment is…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Cato v. Ætna Life InsuranceSupreme Court of Georgia · 1927
  2. Hurst v. Grange Mutual Casualty Co.Supreme Court of Georgia · 1996
  3. Prudential Insurance Co. of America v. SouthSupreme Court of Georgia · 1934
  4. Giddens v. Equitable Life Assurance Society of the United StatesCourt of Appeals for the Eleventh Circuit · 2006
  5. VATACS Group, Inc. v. HomeSide Lending, Inc.Court of Appeals of Georgia · 2005

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3Cited by15 opinions

  1. Forsyth County v. WATERSCAPE SERVICES, LLCCourt of Appeals of Georgia · 2010
  2. American Empire Surplus Lines Insurance v. Hathaway Development Co.Supreme Court of Georgia · 2011
  3. Garrett v. Southern Health Corp. of Ellijay, Inc.Court of Appeals of Georgia · 2013
  4. Northwest Plaza, LLC v. Northeast Enterprises, Inc.Court of Appeals of Georgia · 2010
  5. Insurance Co. of Pennsylvania v. APAC-Southeast, Inc.Court of Appeals of Georgia · 2009

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

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