Roberts v. AMERICAN SOUTHERN INSURANCE COMPANY

Quillian, Presiding Judge.

The plaintiff sought recovery against the defendant insurance company for the failure to defend him under the terms of an automobile liability policy, or to pay off a judgment recovered against the plaintiff. The insurance company defended on the ground that the policy had expired prior to the time the collision between the plaintiff and a third party occurred. Summary judgment was granted in favor of the insurance company and plaintiff appeals. Held:

This case is controlled by Garner v. Government Employees Ins. Co., 129 Ga. App. 235 (199 SE2d 350). There it was held…