DIXIE AUTO INSURANCE COMPANY v. SMITH

40462.

109 Ga. App. 13 (1964)

134 S.E.2d 863

DIXIE AUTO INSURANCE COMPANY v. SMITH.

Court of Appeals of Georgia.

Decided January 27, 1964.


Attorney(s) appearing for the Case

W. Glenn Thomas, Albert E. Butler, for plaintiff in error.

William A. Zorn, contra.


PANNELL, Judge.

1. A policy of insurance in which the insurer agrees "to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages . . . sustained by any person caused by accident and arising out of the ownership, maintenance or use of the automobile" is a contract to pay liabilities rather than a contract of indemnity, and the cause of action thereon is complete when the liability attaches rather than after the discharge...

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