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EMPIRE FIRE & MARINE v. METRO COURIER

No. A98A1639.

507 S.E.2d 525 (1998)

234 Ga. App. 670

EMPIRE FIRE & MARINE INSURANCE COMPANY v. METRO COURIER CORPORATION et al.

Court of Appeals of Georgia.

October 8, 1998.

Attorney(s) appearing for the Case

Gray, Hedrick & Edenfield, William E. Gray II, L. Bruce Hedrick, Amanda H. Burri, Atlanta, for appellant.

Nix & Commander, Scott C. Commander, Decatur, Walbert & Mathis, Charles A. Mathis, Jr., William J. Cobb, Herald J. A. Alexander, Atlanta, for appellees.

BEASLEY, Judge.

Empire Fire & Marine Insurance Company brought this declaratory judgment action against its insured (Metro Courier Corporation) and Metro's employee (Marcus Saucer) to determine the insurance policy's coverage of an accident involving a Metro van driven by Saucer. The two issues on appeal are (i) whether the court erred in dismissing the action where Empire had denied coverage, Empire had refused to provide Metro a defense in a suit brought by...

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