Gulf American Fire & Casualty Co. v. Harper

Hall, Judge.

The plaintiff insurer appeals from a judgment sustaining the defendant’s motion for judgment on the pleadings. (By stipulation of the parties the defendant’s general demurrer was treated by the court as a motion for judgment on the pleadings.)

1. “After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.” Code Ann. § 81A-112 (c). “For the purposes of the motion, all well-pleaded material allegations of the opposing party’s pleadings are to be taken as true, and all allegations of the moving party which have been…