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FILLINGAME v. COOK

44109.

119 Ga. App. 140 (1969)

166 S.E.2d 440

FILLINGAME v. COOK.

Court of Appeals of Georgia.

Decided February 4, 1969.

Attorney(s) appearing for the Case

James M. Collier, for appellant.

Sanders, Mottola & Haugen, Willis G. Haugen, for appellee.

DEEN, Judge.

1. Any automobile liability insurance policy which by its terms formerly allowed the insurer to settle claims against the insured ("the company may make such investigation and settlement of any claim or suit as it deems expedient") by these terms created the relation of principal and agent between the parties, so that a release obtained by the insurer constituted a settlement by its insured, whether taken with or without the consent of the insured.

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