MILLER v. SOUTHERN HERITAGE, ETC.

A94A1677, A94A1678.

215 Ga. App. 173 (1994)

MILLER et al. v. SOUTHERN HERITAGE INSURANCE COMPANY. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. SOUTHERN HERITAGE INSURANCE COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied November 10, 1994.


Attorney(s) appearing for the Case

Duffey & Duffey, Harl C. Duffey, Jr., Rogers, Magruder, Sumner & Brinson, J. Clinton Sumner, Jr., for Miller.

Harper, Waldon & Craig, Thomas D. Harper, Hilliard V. Castilla, for State Farm Ins. Co.

Goodman, McGuffey, Aust & Lindsey, William P. Claxton, Constance C. Russell, for Southern Heritage Ins. Co.


BEASLEY, Presiding Judge.

Southern Heritage issued an insurance policy to Donald E. Chambers, Sr., covering an automobile used primarily by his son, Donald E. Chambers, Jr. While the car was being driven by 15-year-old Stephen Adams, it was involved in a collision injuring David Miller, a passenger. Since Adams possessed only a learner's permit and Miller was only 17 years old, Adams was driving illegally. OCGA § 40-5-24 (a). Nevertheless, he had been given permission...

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