CONSOLIDATED AMERICAN INS. CO. v. SPEARS

No. A95A0960.

462 S.E.2d 160 (1995)

218 Ga. App. 478

CONSOLIDATED AMERICAN INSURANCE COMPANY v. SPEARS et al.

Court of Appeals of Georgia.

Reconsideration Denied September 12, 1995.

Certiorari Denied December 1, 1995.


Attorney(s) appearing for the Case

Goodman, McGuffey, Aust & Lindsey, William S. Goodman, Leslie S. Sullivan, Atlanta, for appellant.

Kitchens, Kelley & Gaynes, P.C., Stephen V. Kern, Quirk & Quirk, Joseph P. Quirk, Atlanta, for appellees.


SMITH, Judge.

This is an appeal from an order on cross-motions for summary judgment in a declaratory judgment action. The Wests, dissatisfied purchasers of a home constructed by E.L. Spears and E.L. Spears, Inc., brought an action against them alleging fraud and breach of contract. Consolidated American Insurance Company defended the suit under a reservation of rights and non-waiver agreement. At trial, the jury returned its verdict on a special verdict form, finding...

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