Morgan v. Georgia General Insurance

Pope, Chief Judge.

Plaintiff-insured was sued by a third party after his son was involved in an automobile accident. Defendant-insurer refused to defend plaintiff on the grounds that plaintiff’s policy with defendant was not in effect at the time the accident occurred. Plaintiff then brought this action seeking a declaratory judgment establishing defendant’s responsibility under the policy. The trial court granted summary judgment for defendant, and plaintiff appealed.

We view the record in the light most favorable to plaintiff as the opponent of summary judgment, giving him the benefit of all…