Legal Opinion

State Farm Fire & Casualty Company v. Gosdin

Court of Appeals of Georgia

Decided September 11, 1978No. 56123PublishedCited by 3 opinions

1Opinion of the Court

Quillian, Presiding Judge.

Appeal was taken from a judgment denying the plaintiffs motion for a temporary restraining order pending a declaratory judgment action. Held:

1. The appeal is considered by this court under decisions exemplified by Jahncke Serv. v. Dept. of Transp., 137 Ga. App. 179 (223 SE2d 228); Pichulik v. Simpson, 227 Ga. 55 (178 SE2d 860).

2. The plaintiff insurer sought a declaration that it was not liable for a fire loss under a policy of insurance. It was contended that declaratory judgment was necessary to prevent the plaintiff from having imposed upon it bad faith penalty…

2Cases cited5 opinions

  1. Bituminous Casualty Corp. v. MoweryCourt of Appeals of Georgia · 1978
  2. Provident Life & Accident Insurance Company v. United Family Life Insurance CompanySupreme Court of Georgia · 1975
  3. Jahncke Service, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1976
  4. Pichulik v. SimpsonSupreme Court of Georgia · 1970
  5. Mitchell v. DeKalb County BankCourt of Appeals of Georgia · 1976

3Cited by3 opinions

  1. Baron v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1981
  2. Great Southwest Express Co. v. Great American Insurance Co. of New YorkCourt of Appeals of Georgia · 2008
  3. Great Southwest Express Co. v. Great American Insurance Co. of New YorkCourt of Appeals of Georgia · 2008

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