Hembree v. COTTON STATES MUTUAL INSURANCE COMPANY

Pannell, Presiding Judge.

William H. Hembree brought an action in the State Court of Habersham County, Georgia against Richard Sensow as administrator of the estate of Haynes Sanders, deceased, seeking recovery for personal injuries received by the plaintiff Hembree as a result of a collision. Cotton States Mutual Insurance Company (Sanders’ insurer) then instituted a declaratory judgment proceeding contending that, under the facts, an exclusionary provision of its policy applied, and it was not bound to defend the action, and there was no coverage under the policy. Both the plaintiff and the…