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LEADER NAT. INS. CO. v. KEMP & SON

46365.

259 Ga. 329 (1989)

380 S.E.2d 458

LEADER NATIONAL INSURANCE COMPANY v. KEMP & SON, INC.

Supreme Court of Georgia.

Reconsideration Denied July 13, 1989.

Attorney(s) appearing for the Case

Hurt, Richardson, Garner, Todd & Cadenhead, Harold N. Hill, Jr., E. Clayton Scofield III, G. Terrell Davis, Dickey, Whelchel, Brown & Readdick, Terry L. Readdick, John E. Bumgartner, for appellant.

Jack Hutto, William H. Glover, Jr., Karen M. Krider, for appellee.

David M. Leonard, O. Elizabeth Bell, Terry R. Howell, John M. Hyatt, amici curiae.

CLARKE, Presiding Justice.

The real question in this case, which concerns an accident in 1977 and has been to the Court of Appeals three times, is the extent of the exposure of appellee's insurer, Leader National, for breach of contract. When appellee Kemp & Son was sued for damages arising out of the 1977 accident, Leader National filed a declaratory judgment action asserting its belief that Kemp & Son was not covered under its policy. But, Leader National...

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