Chicago Insurance Co. v. Lumbermen's Mutual Casualty Co.

I would reverse and remand with direction to prorate the $10,000 between the two insurers.

Georgia Farm Bureau Mutual Insurance Company v. State Farm Mutual Automobile Insurance Company, 255 Ga. 166, 336 S.E.2d 237 (1985), gives no explanation or reasons of any sort why that court reversed what I now conclude to be a logical, reasonable decision by the trial and intermediate appellate courts, the latter decision being reported with the same style as the foregoing at 173 Ga.App. 844, 328 S.E.2d 737 (1985). Judge Pope wrote there:

The statute, OCGA § 33-7-11, provides no guidance for resolution…