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WENTWORTH v. FIREMAN'S FUND &c. CO.

56441.

147 Ga. App. 854 (1978)

250 S.E.2d 543

WENTWORTH v. FIREMAN'S FUND AMERICAN INSURANCE COMPANIES.

Court of Appeals of Georgia.

Decided October 16, 1978.

Rehearing Denied November 2, 1978.

Attorney(s) appearing for the Case

Nickerson & Gaulden, James C. Gaulden, Jr., Robert Dana Brooks, for appellant.

John F. Davis, Jr., for appellee.

SMITH, Judge.

We reverse the trial court's judgment, which was based on its finding that Wentworth failed to exercise "due diligence" in locating a known but missing tortfeasor. The request for service by publication pursuant to Code § 56-407.1 (d) and (e) should have been granted. For this reason, summary judgment in favor of Fireman's Fund, Wentworth's uninsured motorist carrier, should not have been granted; moreover...

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