KHD DEUTZ OF AMERICA v. UTICA MUT. INS.

No. A95A2177.

469 S.E.2d 336 (1996)

220 Ga. App. 194

KHD DEUTZ OF AMERICA CORPORATION v. UTICA MUTUAL INSURANCE COMPANY, INC.

Court of Appeals of Georgia.

February 13, 1996.


Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Dorothy Y. Kirkley, Robert M. Martin, Atlanta, for appellant.

Harman, Owen, Saunders & Sweeney, Michael W. McElroy, Charles J. Cole, Atlanta, for appellee.


SMITH, Judge.

KHD Deutz of America Corporation appeals from the grant of summary judgment to Utica Mutual Insurance Company, Inc. in a declaratory judgment action. We must determine whether the trial court properly concluded as a matter of law that Utica's insured under an errors and omissions policy was not entitled to coverage under the policy for failing to procure insurance for KHD.

The record reveals that under the terms of a security agreement executed...

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