Southeastern Fidelity Insurance v. Chaney
Court of Appeals of Georgia
1ConcurrenceBirdsong, Chief Judge
I agree with the majority that so long as the holding of GEICO v. Dickey, 255 Ga. 661, 663 (340 SE2d 595), is extant, we should follow its literal meaning, i.e., “if the exclusion were broader than the tort immunity of this state, the exclusion would be against public policy.” It is not contested that the insured’s tort liability in the instant appeal exists, and the policy “exclusion [is] broader than the tort immunity of the state.” Accordingly, I am constrained to follow Dickey, even though I doubt its viability in light of Southern Guaranty Ins. Co. v. Preferred Risk Mut. Ins. Co., 257…
2Cases cited3 opinions
- Geico v. DickeySupreme Court of Georgia · 1986
- Southern Guaranty Insurance v. Preferred Risk Mutual InsuranceSupreme Court of Georgia · 1987
- Preferred Risk Mutual Insurance v. Southern Guaranty InsuranceCourt of Appeals of Georgia · 1987