Legal Opinion

Cash v. BALBOA INSURANCE COMPANY

Court of Appeals of Georgia

Decided October 4, 1973No. 48569PublishedCited by 9 opinions

1Opinion of the Court

Deen, Judge.

Where, as here, contentions are made that demand has been made for payment, payment refused and that refusal has been made in bad faith, does the provision of Ga. Laws 1971, p. 926, as amended by Ga. Laws 1973, p. 487 (the latter only changing subsection "h” to subsection "j”) adding subsection (j) to Code § 56-407A, now eliminate the requirement that a judgment be first obtained against the uninsured motorist as a condition precedent to an action against the insurance carrier? We must answer in the negative. "It is a condition precedent to an action against an automobile…

2Cases cited8 opinions

  1. Gulf American Fire & Casualty Co. v. McNealCourt of Appeals of Georgia · 1967
  2. State Farm Mutual Automobile Insurance Company v. GirtmanCourt of Appeals of Georgia · 1966
  3. Doe v. MossCourt of Appeals of Georgia · 1969
  4. King v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals of Georgia · 1968
  5. Veal v. GENERAL ACCI. &C. CORP.Court of Appeals of Georgia · 1973

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

3Cited by9 opinions

  1. Watkins v. United StatesDistrict Court, S.D. Georgia · 1977
  2. Williams v. ThomasCourt of Appeals of Georgia · 1988
  3. Allstate Insurance v. McCallCourt of Appeals of Georgia · 1983
  4. Tinsley v. Worldwide InsuranceCourt of Appeals of Georgia · 1994
  5. State Farm Mutual Automobile Insurance v. HarrisCourt of Appeals of Georgia · 1992

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

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