Legal Opinion

Travelers Home & Marine Insurance Company v. Castellanos

Supreme Court of Georgia

Decided June 1, 2015No. S14G1878Published

1Opinion of the Court

297 Ga. 174

FINAL COPY S14G1878. TRAVELERS HOME AND MARINE INSURANCE COMPANY v. CASTELLANOS. HUNSTEIN, Justice. In this dispute over recovery under an uninsured motorist (UM) insurance policy, we granted certiorari to consider the burden of proof on summary judgment as between the insured plaintiff and the UM carrier, where the UM carrier has denied coverage based on a claim that the at-fault driver was not “uninsured” as defined in the UM policy because the driver’s liability carrier had not “legally denied” coverage. We conclude that the Court of Appeals erred in placing the burden of proof…

2Cases cited8 opinions

  1. Cowart v. WidenerSupreme Court of Georgia · 2010
  2. Smith v. Commercial Union Assurance Co.Supreme Court of Georgia · 1980
  3. H. Y. Akers & Sons, Inc. v. St. Louis Fire & Marine InsuranceCourt of Appeals of Georgia · 1969
  4. Travelers Home & Marine Insurance Company v. CastellanosSupreme Court of Georgia · 2015
  5. Cotton States Mutual Insurance v. ProudfootCourt of Appeals of Georgia · 1971

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