SOUTHERN TRUST INS. CO. v. EASON

50575.

134 Ga. App. 827 (1975)

216 S.E.2d 667

SOUTHERN TRUST INSURANCE COMPANY v. EASON et al.

Court of Appeals of Georgia.

Decided May 14, 1975.


Attorney(s) appearing for the Case

Henry C. Head, S. James Tuggle, for appellant.

Gilbert & Bone, Aubrey W. Gilbert, Tisinger & Tisinger, J. Thomas Vance, for appellees.


DEEN, Presiding Judge.

In declaratory judgment cases involving coverage vel non, a distinction exists between the insurer's right to a declaration settling the matter where it hesitates whether or not to defend a pending action (as in LaSalle Nat. Ins. Co. v. Popham, 125 Ga.App. 724 (188 S.E.2d 870)), and where that action has already been prosecuted to judgment, or the suit is in the...

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