ADAIR v. AMERICAN LIBERTY INS. CO.

43081, 43082.

116 Ga. App. 805 (1967)

159 S.E.2d 174

ADAIR et al. v. AMERICAN LIBERTY INSURANCE COMPANY et al. AMERICAN LIBERTY INSURANCE COMPANY v. WARD et al.

Court of Appeals of Georgia.

Decided November 16, 1967.

Rehearing Denied December 6, 1967.


Attorney(s) appearing for the Case

Feldman & Love, Albert P. Feldman, for Adair.

Ross & Finch, Homer A. Houchins, Jr., for American Liberty.

Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, John T. Marshall, for American Motorists.

Harrison, Martin & Childs, H. Fielder Martin, for Ward.


DEEN, Judge.

1. The plaintiff insurance company in an action for declaratory judgment contends that the defendant insurer of one of the individual defendants also named in the action has primary coverage and the plaintiff has only excess coverage in a pending action by the latter against the individual insured, whereas the defendant insurer contends that it has no coverage and no obligation of any kind to defend the damage suit litigation. Under the fact situation...

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