International Indemnity Co. v. Enfinger

Deen, Presiding Judge.

1. When this case first appeared before this court, Intl. Indem. Co. v. Enfinger, 170 Ga. App. 443 (317 SE2d 841) (1984), two different views were expressed on the effect and use of OCGA § 33-34-5 (c). The majority opinion favored a type of wild card unlimited use, applying to both pre and post March 1, 1975, policies, and specifically holding that a notice given under OCGA § 33-34-5 (c) could operate as a curative mechanism for an insurance application which was defective under OCGA § 33-34-5 (b). The dissent, however, expounded the limited use of subsection (c) as…