Legal Opinion
Southern Trust Insurance v. Eason
Court of Appeals of Georgia
Decided May 14, 1975No. 50575PublishedCited by 9 opinions
1Opinion of the Court
Deen, Presiding Judge.
In declaratory judgment cases involving coverage vel non, a distinction exists between the insurer’s right to a declaration settling the matter where it hesitates whether or not to defend a pending action (as in LaSalle Nat. Ins. Co. v. Popham, 125 Ga. App. 724 (188 SE2d 870)), and where that action has already been prosecuted to judgment, or the suit is in the first instance between a putative claimant or insured and the insurer (as in State Farm v. Hillhouse, 131 Ga. App. 524 (4) (206 SE2d 627); Provident Life & Acc. Ins. Co. v. United Family Life Ins. Co., 233 Ga. 540…
2Cases cited9 opinions
- Gant v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- LaSalle National Insurance v. PophamCourt of Appeals of Georgia · 1972
- General Ins. Co. of America v. WhitmoreCalifornia Court of Appeal · 1965
- United States Fidelity & Guaranty Co. v. WatsonCourt of Appeals of Georgia · 1962
- Nationwide Mutual Insurance v. PeekCourt of Appeals of Georgia · 1965
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Richmond v. Georgia Farm Bureau Mutual InsuranceCourt of Appeals of Georgia · 1976
- Colonial Penn Insurance v. HartCourt of Appeals of Georgia · 1982
- Transamerica Insurance v. Thrift-Mart, Inc.Court of Appeals of Georgia · 1981
- Shield Insurance v. HutchinsCourt of Appeals of Georgia · 1979
- Patterson v. Commercial Union Insurance CompanyCourt of Appeals of Georgia · 1979
4 more not listed; retrieve them via the Exa API.