Prudential Insurance Co. of America v. Seagraves

Hall, Judge.

1. The insurer contends that Ga. L. 1966, pp. 609, 660, as amended (Code Ann. § 81A-156 (e)) changes the rule respecting the proof required to defeat a motion for summary judgment when evidence submitted therewith has pierced the pleadings. We disagree. It is merely a statutory amendment to reflect what has already been decided judicially as to the opposing evidence required. Scales v. Peevy, 103 Ga. App. 42, 47 (118 SE2d 193). See 6 Moore’s Federal Practice (2d Ed.) 2021, § 56.01 [14].

2. The insured enumerates as error the admission in evidence and consideration by the court of…