JOHNSON v. ST. PAUL FIRE &c. INS. CO.

38172.

101 Ga. App. 734 (1960)

115 S.E.2d 221

JOHNSON et al. v. ST. PAUL FIRE & MARINE INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Rehearing Denied June 1, 1960.


Attorney(s) appearing for the Case

Wilkinson & Walker, A. Mims Wilkinson, Jr., F. W. Scroggins, for plaintiffs in error.

Moise, Post & Gardner, R. Emerson Gardner, J. William Gibson, Gambrell, Harlan, Russell, Moye & Richardson, James C. Hill, Edward W. Killorin, contra.


BELL, Judge.

The question for determination in this case is whether a plaintiff in a damage suit for personal injuries can be shanghaied into a declaratory judgment action because of a justiciable dispute with respect to an insurance policy between a defendant in the damage suit and the defendant's insurance carrier.

The issue presented is of extreme importance because if such declaratory relief be granted, it...

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