Cotton States Mutual Insurance v. Proudfoot

In my opinion this court should reverse both the denial of the insurer’s motion for judgment notwithstanding the verdict and the grant of plaintiff’s motion for directed verdict.

This case was before this court previously on the denial of the insurer’s motion for summary judgment. For an outline of the facts see Cotton States Mut. Ins. Co. v. Proud-foot, 123 Ga. App. 397 (181 SE2d 305). At the trial of the case, additional evidence was introduced which materially changes the results of that decision. For example, Cotton States presented the deposition of its agent in California who had…