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GRANITE STATE INS. CO. v. NORD BITUMI U.S., INC.

No. 90-9160.

959 F.2d 911 (1992)

GRANITE STATE INSURANCE COMPANY, Plaintiff-Appellant, v. NORD BITUMI U.S., INC., Macon-Bibb County Industrial Authority, St. Paul Surplus Lines Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 30, 1992.

Attorney(s) appearing for the Case

Jon B. McPhail, Mark D. Thigpen, McKenzie and McPhail, Atlanta, Ga., for plaintiff-appellant.

Hubert C. Lovein, Jr., John Thomas Mitchell, Jr., Jones Cork and Miller, Macon, Ga., for defendant-appellee Macon-Bibb County Indus. Authority and St. Paul Surplus Lines Ins. Co.

James Joseph Brissette, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for defendant-appellee Nord Bitumi U.S., Inc.

Before COX and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

PER CURIAM:

This appeal presents significant issues of Georgia law concerning the effect an insured's settlement of his excess liability has on his insurer's liability under a contract of insurance and whether an insured's tardy forwarding of suit papers may be cured by the plaintiff's dismissal and refiling of an identical lawsuit. These issues involve questions of the interpretation of insurance contract provisions that are dispositive in this case but unanswered...

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