Legal Opinion
State Farm Mutual Automobile Insurance v. Wendler
Court of Appeals of Georgia
Decided March 10, 1967No. 42440PublishedCited by 11 opinions
1Opinion of the Court
Felton, Chief Judge.
The motion for a summary judgment in this case is based solely on the pleadings which is equivalent to a general demurrer to the answer. The answer sets forth a good defense to the action in that sufficient facts are alleged to prove the lack of co-operation by the insured whichever version of the occurrence given by the insured was true. The pleadings were not pierced by affidavits or interrogatories which would remove from the case all justiciable issues. Cotton States Mut. Ins. Co. v. Martin, 110 Ga. App. 309, 310 (138 SE2d 433); Durrett v. Tunno, 113 Ga. App. 839 (149…
2Cases cited6 opinions
- Southern v. FloydCourt of Appeals of Georgia · 1954
- Cotton States Mutual Insurance v. MartinCourt of Appeals of Georgia · 1964
- Durrett v. TunnoCourt of Appeals of Georgia · 1966
- Henderson v. Rochester American Insurance Co.Supreme Court of North Carolina · 1961
- Davis v. HopkinsCourt of Appeals of Georgia · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wolverine Insurance v. SorroughCourt of Appeals of Georgia · 1970
- H. Y. Akers & Sons, Inc. v. St. Louis Fire & Marine InsuranceCourt of Appeals of Georgia · 1969
- Joiner v. Mitchell County Hospital AuthorityCourt of Appeals of Georgia · 1971
- State Farm Mutual Automobile Insurance v. WendlerCourt of Appeals of Georgia · 1968
- St. Paul Fire & Marine Insurance v. GordonCourt of Appeals of Georgia · 1967
6 more not listed; retrieve them via the Exa API.