Legal Opinion
Travelers Home & Marine Insurance Company v. Castellanos
Supreme Court of Georgia
Decided June 1, 2015No. S14G1878PublishedCited by 20 opinions
1Opinion of the Court
HUNSTEIN, Justice.
In this dispute over recovery under an uninsured motorist (UM) insurance policy, we granted certiorari to consider the burden of proof on summary judgment as between the insured plaintiff and the UM carrier, where the UM carrier has denied coverage based on a claim that the at-fault driver was not “uninsured” as defined in the UM policy because the driver’s liability carrier had not “legally denied” coverage. We conclude that the Court of Appeals erred in placing the burden of proof on the UM carrier in this instance, and we therefore reverse.
In connection with a 2009 car…
2Cases cited7 opinions
- Cowart v. WidenerSupreme Court of Georgia · 2010
- Smith v. Commercial Union Assurance Co.Supreme Court of Georgia · 1980
- H. Y. Akers & Sons, Inc. v. St. Louis Fire & Marine InsuranceCourt of Appeals of Georgia · 1969
- Cotton States Mutual Insurance v. ProudfootCourt of Appeals of Georgia · 1971
- Vaughan v. ACCC Insurance Co.Court of Appeals of Georgia · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ace American Insurance Company v. The Wattles CompanyCourt of Appeals for the Eleventh Circuit · 2019
- McCruter v. Travelers Home & Marine Ins. Co.Ohio Court of Appeals · 2021
- Jones v. Federated Mutual Insurance Company.Court of Appeals of Georgia · 2018
- Mabry v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals of Georgia · 2015
- AUTO-OWNERS INSURANCE COMPANY v. SMITH Et Al.Court of Appeals of Georgia · 2017
15 more not listed; retrieve them via the Exa API.