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DITMYER v. AMERICAN LIBERTY INS. CO.

43155.

117 Ga. App. 512 (1968)

160 S.E.2d 844

DITMYER et al. v. AMERICAN LIBERTY INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Decided March 28, 1968.

Attorney(s) appearing for the Case

Burt & Burt, Donald Rentz, H. P. Burt, for appellants.

Farkas, Landau & Davis, James V. Davis, Smith, Gardner, Wiggins & Geer, for appellees.

EBERHARDT, Judge.

1. The allegations and prayers of this petition clearly bring it within the ambit of the Declaratory Judgments Act (Code Ann. § 110-1101 et seq.). The insurer was faced with the immediate necessity of accepting an obligation to defend the suits brought by the Ditmyers against Henderson or of repudiating the claimed obligation. It was faced with an immediacy of choice before rights might become...

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