Legal Opinion · Concurrence

Citizens Bank & Trust Co. v. Saunders, Stuckey & Mullis, Inc.

Court of Appeals of Georgia

Decided July 8, 1994No. A94A0897Published

1ConcurrenceMcMurray, Presiding Judge

I agree that the complete grant of summary judgment cannot be sustained by the present posture of the record. However, as my analysis differs from the majority, I must concur specially.

An insurance broker who negligently fails to obtain coverage specified by the insured “could be found liable ‘for any resulting loss. (Cit.)’ Wright Body Works v. Columbus Interstate Ins. Agency, [233 Ga. 268, 270 (210 SE2d 801)]. This means that [Citizens Bank & Trust Company] could recover for the resulting uninsured ‘loss or damage to the limit of the agreed policy. (Cits.)’ Beiter v. Decatur Fed. S&L Assn.,…

2Cases cited10 opinions

  1. Wright Body Works, Inc. v. Columbus Interstate Insurance AgencySupreme Court of Georgia · 1974
  2. Beiter v. Decatur Federal Savings & Loan Ass'nSupreme Court of Georgia · 1966
  3. Jabaley v. JabaleyCourt of Appeals of Georgia · 1993
  4. England v. Georgia-Florida Co.Court of Appeals of Georgia · 1991
  5. Van Dyke v. Van DykeSupreme Court of Georgia · 1905

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