Legal Opinion

Pacific Indemnity Insurance v. Eberhardt

Court of Appeals of Georgia

Decided January 23, 1963No. 39826PublishedCited by 11 opinions

1Opinion of the Court

Jordan, Judge.

The defendants’ appeal in this case is predicated upon two contentions: (1) that the claimant’s husband’s death did not occur out of and in the course of his employment; and (2) that the claim is barred by the provisions of Code § 114-105, since the evidence demanded the finding that the death of the claimant’s husband was caused by intoxication and by his wilful failure to perform a duty required by a statute.

Under the decision of this court in Federal Ins. Co. v. Coram, 95 Ga. App. 622 (98 SE2d 214) there is no merit in the defendants’ contention that a finding was demanded…

2Cases cited7 opinions

  1. Ætna Life Insurance v. CarrollSupreme Court of Georgia · 1929
  2. Federal Insurance Co. v. CoramCourt of Appeals of Georgia · 1957
  3. Barbree v. Shelby Mutual Insurance Co.Court of Appeals of Georgia · 1962
  4. Hall v. KendallCourt of Appeals of Georgia · 1950
  5. Herman v. Ætna Casualty & Surety Co.Court of Appeals of Georgia · 1944

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Smith v. Liberty Mutual Ins. Co.Court of Appeals of Georgia · 1965
  2. Smith v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1965
  3. Young v. American Insurance Co.Court of Appeals of Georgia · 1964
  4. Liberty Mutual Insurance v. BrayCourt of Appeals of Georgia · 1975
  5. City of Atlanta v. MadarisCourt of Appeals of Georgia · 1974

6 more not listed; retrieve them via the Exa API.

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