Adair v. American Liberty Insurance

Deen, Judge.

1. The plaintiff insurance company in an action for declaratory judgment contends that the defendant insurer of one of the individual defendants also named in the action has primary coverage and the plaintiff has only excess coverage in a pending action by the latter against the individual insured, whereas, the defendant insurer contends that it has no coverage and no obligation of any kind to defend the damage suit litigation. Under the fact situation in U. S. Fidelity &c. Co. v. Watson, 106 Ga. App. 748 (1) (128 SE2d 515), where the plaintiff insurer sought an adjudication as to…