Christian v. Allstate Insurance

Smith, Judge.

Appellee brought this declaratory judgment action in order to obtain a judicial determination that the insurance policy at issue afforded no coverage to appellants. The trial court granted appellee’s motion for summary judgment on the basis of Code § 38-1603(3), (5), which comprises a portion of what is commonly referred to as the Dead Man’s Statute. We reverse.

This case has a rather lengthy appellate history. In Allstate Ins. Co. v. Christian Brokerage Co., 142 Ga. App. 238 (235 SE2d 566) (1977), this court reversed the grant of summary judgment to the defendants, holding that…