Fidelity & Casualty Co. v. Wilson

Pannell, Judge.

Terry R. Wilson brought a John Doe complaint under Georgia Insurance Code § 56-407A (Code Ann. § 56-407.1), as amended, relating to actions concerning uninsured motorists, alleging that the defendant was unknown and perfecting service upon his insurance carrier, the appellant, Fidelity & Casualty Company of New York. The insurance company answered, setting up as a first defense that the "defendant” motorist was known and a John Doe action would not lie. The second defense was to the merits of the action. The insurer also made a motion for summary judgment on the grounds (1)…