Georgia Casualty & Surety Co. v. Turner

The case was decided on the facts appearing in the pleadings by which, under the circumstances, the parties are bound. The petition alleged that the truck was rented and unless the court determined whether that was true or not, its decision would have been of no value to the parties because the plaintiff would still, under some circumstances, not have known whether to defend the case or not. In a reservation-of-rights agreement, signed by Clyde Barrett, Flanders Mitchell, and the plaintiff, it was agreed that “at the time of the accident, Flanders had secured the use of the truck by paying…