Atlanta Casualty Co. v. Boatwright

Blackburn, Presiding Judge.

Atlanta Casualty Company appeals the trial court’s order denying its motion for summary judgment and granting the defendants’ *37motions for summary judgment.1 In the underlying declaratory judgment action, Atlanta Casualty sought to avoid coverage on an automobile policy issued to defendant Daryl McPherson on two grounds: (1) its cancellation of the insurance contract; and (2) the tortfeasor’s failure to notify it of the claim or to cooperate, thereby breaching the insurance contract. Because questions of fact remain as to whether Atlanta Casualty properly canceled…