AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON v. ADERHOLT

42216, 42217.

114 Ga. App. 508 (1966)

151 S.E.2d 833

AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON v. ADERHOLT; and vice versa.

Court of Appeals of Georgia.

Decided October 13, 1966.

Rehearing Denied October 26, 1966.


Attorney(s) appearing for the Case

Smith, Ringel, Martin & Lowe, Sam F. Lowe, Jr., Robert W. Beynart, Meade Burns, for appellant.

Lipshutz, Macey, Zusmann & Sikes, Robert A. Elsner, for appellee.


PANNELL, Judge.

1. Where a petition for declaratory judgment brought by the insurer against the insured and a known uninsured motorist, the latter being the defendant in an action brought by the insured as plaintiff, seeks to have the court declare its rights under an exclusion clause of the policy, and seeks to enjoin the future prosecution of the suit against the uninsured motorist, but does not allege that the adjudication of the plaintiff insurer's rights is necessary...

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