Nos. A98A1258-A98A1262.

510 S.E.2d 78 (1998)

235 Ga. App. 510

COTTON STATES MUTUAL INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE. Batten et al. v. State Farm Mutual Insurance Company. United States Fidelity & Guaranty Company v. State Farm Mutual Automobile Insurance Company. Grange Mutual Casualty Company v. State Farm Mutual Automobile Insurance Company. Padgett et al. v. State Farm Mutual Automobile Insurance Company.

Court of Appeals of Georgia.

December 1, 1998.

Attorney(s) appearing for the Case

Young, Thagard, Hoffman, Scott & Smith, F. Thomas Young, Henry P. Scott, Valdosta, for appellant (case no. A98A1258).

Preston & Preston, Robert H. Preston, Douglas, for appellants (case no. A98A1259).

Irwin & Crist, R. Chris Irwin, Atlanta, for appellant (case no. A98A1260).

Roy E. Harkleroad, Douglas, for appellant (case no. A98A1261).

Farrar & Hennesy, Curtis Farrar, Douglas, for appellants (case no. A98A1262).

John T. Croley, Jr., Fitzgerald, for appellee.


The appellants, all of whom are defendants in this declaratory judgment action, are would-be plaintiffs and their insurers in a tort action arising out of a motor vehicle collision. They appeal the grant of State Farm's motion for partial summary judgment, in which the court ruled that State Farm had not waived its right to enforce the coverage provisions of its auto insurance policy by the payment of excess property damage claims. Defendants also...

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