Legal Opinion
Smith v. Allstate Insurance
Court of Appeals of Georgia
Decided June 29, 1966No. 41957PublishedCited by 3 opinions
1Opinion of the Court
Bell, Presiding Judge.
Before a suit will lie against an insurer for loss caused by a known uninsured motorist under Code § 56-407A (Code Ann. § 56-407.1), it is an essential condition precedent that suit must first be brought and judgment recovered against the uninsured motorist. State Farm Mut. Auto. Ins. Co. v. Girtman, 113 Ga. App. 54 (147 SE2d 364); Turner v. Associated Indem. Corp., 113 Ga. App. 225 (147 SE2d 788). In other words, the insured has no cause of action against the insurer before the insured has obtained judgment against the known uninsured motorist; when he has obtained…
2Cases cited6 opinions
- State Farm Mutual Automobile Insurance Company v. GirtmanCourt of Appeals of Georgia · 1966
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
- Northern Assurance Co. v. AlmandSupreme Court of Georgia · 1953
- Turner v. Associated Indemnity CorporationCourt of Appeals of Georgia · 1966
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3Cited by3 opinions
- Gulf American Fire & Casualty Co. v. McNealCourt of Appeals of Georgia · 1967
- Glover v. Tennessee Farmers Mutual Insurance Co.Tennessee Supreme Court · 1971
- Railey v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Georgia · 1973