WALKER v. OMAHA MUT. INDEM. CO.

No. 87-8425 Non-Argument Calendar.

835 F.2d 857 (1988)

M.C. WALKER, Plaintiff-Appellant, v. OMAHA MUTUAL INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 15, 1988.


Attorney(s) appearing for the Case

C. Nathan Davis, Albany, Ga., for plaintiff-appellant.

Ben Kingree, Carter & Ansley, Atlanta, Ga., for defendant-appellee.

Before HILL, FAY and VANCE, Circuit Judges.


VANCE, Circuit Judge:

This case involves a narrow issue of Georgia law concerning whether an insured mortgagor has a legal interest in a credit disability insurance policy. Because the district court erroneously relied on vitiated Georgia case law, we reverse the district court's grant of summary judgment in favor of the insurer.

In 1974 appellant M.C. Walker purchased property in Albany, Georgia. Pursuant to the financing arrangement with Southwestern Mortgage...

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