Legal Opinion
Ditmyer v. American Liberty Insurance
Court of Appeals of Georgia
Decided March 28, 1968No. 43155PublishedCited by 38 opinions
1Opinion of the Court
Eberhardt, Judge.
The allegations and prayers of this petition clearly bring it within the ambit of the Declaratory Judgments Act (Code Ann. § 110-1101 et seq.). The insurer was faced with the immediate necessity of accepting an obligation to defend the suits brought by the Ditmyers against Henderson or *516of repudiating the claimed obligation. It was faced with an immediacy of choice before rights might become fixed or affected by the rendition of judgments.
“Where an insurer denies coverage under a particular policy and seeks to relieve itself of its obligation to defend a pending suit against…
2Cases cited59 opinions
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Saunders v. VikersCourt of Appeals of Georgia · 1967
- Hodges v. Ocean Accident & Guarantee Corp.Court of Appeals of Georgia · 1941
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
54 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Richmond v. Georgia Farm Bureau Mutual InsuranceCourt of Appeals of Georgia · 1976
- Brown v. SheffieldCourt of Appeals of Georgia · 1970
- Strickland v. Georgia Casualty & Surety Co.Supreme Court of Georgia · 1968
- LaSalle National Insurance v. PophamCourt of Appeals of Georgia · 1972
- Columbia Drug Co. v. CookCourt of Appeals of Georgia · 1972
33 more not listed; retrieve them via the Exa API.