Legal Opinion · Dissent

Prescott's Altama Datsun, Inc. v. Monarch Insurance

Court of Appeals of Georgia

Decided March 13, 1984No. 67314Published

1DissentMcMurray, Chief Judge

“ ‘Estoppel is usually an issue of fact to be decided by the jury. [Cit.]’ Vines v. Citizens Trust Bank, 146 Ga. App. 845, 848 (247 SE2d 528) (1978).” Adamson v. McDonald, 163 Ga. App. 38, 39 (2) (293 SE2d 512). The majority holds that as a matter of law “there was nothing done by Monarch that could have prejudiced Prescott’s rights or jeopardized its defense,” so that no genuine issue of material fact exists as to the defendant’s contention that Monarch is estopped to deny coverage. As I find, within the record, evidence that Monarch’s conduct has prejudiced Prescott’s defense of…

2Cases cited13 opinions

  1. Home Indemnity Company v. GodleyCourt of Appeals of Georgia · 1970
  2. State Farm Mutual Automobile Insurance v. AndersonCourt of Appeals of Georgia · 1961
  3. State Farm Mutual Automobile Insurance v. AndersonCourt of Appeals of Georgia · 1963
  4. Jones v. Georgia Casualty & Surety Co.Court of Appeals of Georgia · 1953
  5. Gant v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964

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