Legal Opinion · Dissent

Prudential Property & Casualty Insurance v. Walker

Court of Appeals of Georgia

Decided November 16, 1995No. A95A1378Published

1DissentMcMurray, Presiding Judge

I respectfully dissent from the judgment of reversal as it is my view that the jury was authorized to conclude that the owner of the vehicle gave a general permission to use his car over a two- or three-week period and that any prohibition on going to Florida was intended solely to get the owner’s son (as well as the car) home from college for the Easter holiday. It is undisputed that the driver had no reason to know of any restrictions placed on the car’s use by the owner. Consequently, the second permittee doctrine renders the owner’s express restriction nugatory.

Faith Joy Segal was…

2Cases cited6 opinions

  1. Hodges v. Ocean Accident & Guarantee Corp.Court of Appeals of Georgia · 1941
  2. Hemphill v. Home Insurance Co.Court of Appeals of Georgia · 1970
  3. Georgia Farm Bureau Mutual Insurance v. Allstate InsuranceCourt of Appeals of Georgia · 1989
  4. Allstate Insurance Company v. WoodCourt of Appeals of Georgia · 1994
  5. DeWorken v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1979

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