Legal Opinion
Atlantic Wood Industries, Inc. v. Argonaut Insurance Company
Supreme Court of Georgia
Decided January 12, 1989No. 45975PublishedCited by 20 opinions
1Opinion of the Court
Weltner, Justice.
The trial court granted the insurers’ motion to dismiss a declaratory judgment action brought by the insured to determine the obligation of the insurers to defend an action pending against the insured. That holding is consistent with a line of cases beginning with United States Cas. Co. v. Ga. Sou. & Fla. R. Co., 95 Ga. App. 100, 103-4 (97 SE2d 185) (1957), which held that insureds are not entitled to a declaratory judgment concerning the existence of coverage in a specific insurance policy and the right to a defense. The Court of Appeals affirmed the trial court’s dismissal…
2Cases cited3 opinions
- United States Casualty Co. v. Georgia Southern & Florida Ry. Co.Court of Appeals of Georgia · 1957
- Argonaut Insurance v. Atlantic Wood Industries, Inc.Court of Appeals of Georgia · 1988
- South Carolina Public Interest Foundation v. CoursonCourt of Appeals of South Carolina · 2017
3Cited by20 opinions
- State Farm Mutual Automobile Insurance v. MabrySupreme Court of Georgia · 2001
- Ben and Audrey Delancy, as Co-Administrators and on Behalf of Estate of Dr. Herman Delancy v. St. Paul Fire & Marine Insurance Co.Court of Appeals for the Eleventh Circuit · 1991
- Fireman's Fund Ins. Co. v. UNIV. OF GEORGIA ATHLETIC ASS'N, INC.Court of Appeals of Georgia · 2007
- Sentry Insurance v. MajeedSupreme Court of Georgia · 1990
- Vara v. Essex InsuranceCourt of Appeals of Georgia · 2004
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