Legal Opinion

Young v. Allstate Insurance

Supreme Court of Georgia

Decided September 24, 1981No. 37472PublishedCited by 35 opinions

1Opinion of the Court

Clarke, Justice.

The United States Court of Appeals for the Fifth Circuit has certified the following question to this court: Where a policy is issued under Georgia’s compulsory automobile insurance plan (Ga. Code Ann. § 68C-601), does the insured’s failure to notify the insurer of a lawsuit against him, as required by the policy, constitute a defense to the insurer’s liability to the injured third party who initiated the lawsuit?

We conclude that the failure of the insured to notify the insurer of the lawsuit against him does not constitute a defense to the insurer’s liability. This is true…

2Cases cited2 opinions

  1. Liberty Mutual Insurance v. CoburnCourt of Appeals of Georgia · 1973
  2. Davis v. Reserve Insurance Co.Supreme Court of Georgia · 1964

3Cited by35 opinions

  1. Cotton States Mutual Insurance v. NeeseSupreme Court of Georgia · 1985
  2. Southern Guaranty Insurance v. Preferred Risk Mutual InsuranceSupreme Court of Georgia · 1987
  3. Ratcliff v. National County Mutual Fire Insurance Co.Court of Appeals of Texas · 1987
  4. Berryhill v. State Farm Fire & Casualty Co.Court of Appeals of Georgia · 1985
  5. Starnes v. Cotton States Mutual InsuranceCourt of Appeals of Georgia · 1990

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