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KING v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 81-7558.

686 F.2d 894 (1982)

Kevin S. KING, as Executor of the Estate of Arnie Naiditch, deceased, Plaintiff-Appellant, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant-Interpleading Plaintiff-Appellee, v. Julie Riley ANDRUS, s/k/a Julia R. Naiditch, Interpleaded Defendant.

United States Court of Appeals, Eleventh Circuit.

September 24, 1982.

Attorney(s) appearing for the Case

Trauner, King & Cohen, Stanton J. Shapiro, Atlanta, Ga., for plaintiff-appellant.

W. Rhett Tanner, William B. B. Smith, Atlanta, Ga., for Guardian Life Ins.

Hayes & Hayes, Moses S. Hayes, Jr., Atlanta, Ga., for interpleaded defendant.

Before TJOFLAT and HENDERSON, Circuit Judges, and LYNNE, District Judge.

LYNNE, District Judge:

Ga.Code Ann. § 56-2430 (1977) provides that "[c]ancellation of [an insurance] policy which by its terms and conditions may be cancelled by the insurer shall be accomplished as prescribed herein." Under that statute, the insurer must send notice of cancellation of policies "protecting the interest of the insured and any lienholders" to the insured and any lienholders shown in the policy. The notice must state when the cancellation...

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