DeKalb County School District v. Bowden

Beasley, Judge',

concurring specially.

I do not believe that under the facts and law controlling at that time, Davis v. City of Macon, 122 Ga. App. 665 (178 SE2d 557) (1970) is incorrect. The insurance policy purchased by the city contained a special condition precedent under which the insurer would not be liable at all: “ TO. Attachment of Liability. Liability under this policy shall not attach [to insurer] unless and until the insured shall have admitted liability for the self-insured retention limits, or unless and until the insured has by final judgment been adjudged to pay a sum which…