Peachtree Casualty Insurance v. Bhalock

Smith, Presiding Judge.

This is a declaratory judgment action brought by Peachtree Casualty Insurance Company, seeking a ruling on its duty to defend and pay a default judgment under a policy issued to defendant-appellee Patricia Merritt. The sole issue is the interpretation of OCGA § 33-7-15, requiring the cooperation of the insured in the defense of a separate action under a motor vehicle liability insurance policy. The trial court found under OCGA § 33-7-15 (c) that Peachtree Casualty was adequately notified of the separate action by a third party, the claimants’ attorney. Peachtree…