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CONTINENTAL INS. v. EQUITY RES. PROP. TRUST

No. A02A0176.

565 S.E.2d 603 (2002)

255 Ga. App. 445

CONTINENTAL INSURANCE COMPANY v. EQUITY RESIDENTIAL PROPERTIES TRUST.

Court of Appeals of Georgia.

Certiorari Denied September 6, 2002.

Attorney(s) appearing for the Case

Drew, Eckl & Farnham, Stevan A. Miller, Richard I. Metzger, Pursley, Howell, Lowery & Meeks, Jo L. Meeks, Atlanta, Eric N. Van De Water, Macon, Goldner, Sommers, Scrudder & Bass, Glenn S. Bass, Weener, Mason & Nathan, William P. Mason, Brian J. Harris, Atlanta, for appellant.

Holland & Knight, Jeffrey Y. Lewis, Fred R. Slotkin, Jr., Atlanta, for appellee.

ANDREWS, Presiding Judge.

Equity Residential Properties Trust (Equity) sued its insurer, the Continental Insurance Company (Continental), claiming Continental breached the terms of the insurance policy issued to Equity and failed to pay amounts due under the policy. Relying on an arbitration agreement in the policy, Continental moved to compel arbitration of the dispute and for a stay of the suit. The Fulton County Superior Court denied the motion finding that OCGA...

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