Civ. A. No. 78-4-ATH.

462 F.Supp. 161 (1978)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. John C. WALDROUP and Hazel L. Couch Dickerson, Defendants.

United States District Court, M. D. Georgia, Athens Division.

November 22, 1978.

Attorney(s) appearing for the Case

Harvey S. Gray, Smith, Cohen, Ringel, Kohler & Martin, Atlanta, Ga., for plaintiff.

Eugene W. Harper, Harper & Mathews, Hartwell, Ga., Jim Hudson, Hudson & Montgomery, Athens, Ga., for defendants.

OWENS, District Judge:

This declaratory judgment action is brought by the Insurance Company of North America (INA) seeking an adjudication that it is not obligated under a home owner's liability policy to defend further or pay any judgment against John C. Waldroup in a pending wrongful death action in the Superior Court of Madison County, Georgia. INA alleges that Waldroup failed to give notice "as soon as practicable" after the accidental shooting and resulting death...

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