Legal Opinion

State Farm Fire & Casualty Company v. Morgan

Supreme Court of Georgia

Decided June 3, 1988No. 45382PublishedCited by 39 opinions

1Opinion of the Court

Clarke, Presiding Justice.

We must decide whether voluntary intoxication may render a person incapable of forming an intent or expectation of injuring another so as to place his act outside an exclusion in a homeowner’s insurance policy. The Court of Appeals held intent and expectation to be a question of fact and approved its submission to a jury. State Farm &c. Co. v. Morgan, 185 Ga. App. 377 (364 SE2d 62) (1987). We agree.

In reaching this conclusion, the Court of Appeals relied heavily upon its earlier holding in Thrift-Mart, Inc. v. Commercial Union &c. Cos., 154 Ga. App. 344 (268 SE2d…

2Cases cited5 opinions

  1. Blankenship v. StateSupreme Court of Georgia · 1981
  2. Gaynok v. Travelers InsuranceCourt of Appeals of Georgia · 1913
  3. State Farm Fire & Casualty Co. v. MorganCourt of Appeals of Georgia · 1987
  4. Thrift-Mart, Inc. v. Commercial Union Assurance CompaniesCourt of Appeals of Georgia · 1980
  5. Ely v. StateCourt of Appeals of Georgia · 1981

3Cited by39 opinions

  1. Alston & Bird LLP v. Mellon Ventures II, L.P.Court of Appeals of Georgia · 2010
  2. Roe v. State Farm Fire & Casualty CompanySupreme Court of Georgia · 1989
  3. Morris v. Farmers Insurance ExchangeWyoming Supreme Court · 1989
  4. Southern Guaranty Insurance v. GoddardSupreme Court of Georgia · 1989
  5. Allstate Insurance v. DavisDistrict Court, D. Hawaii · 2006

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