DIRECT GENERAL INS. CO. v. DRAWDY

No. A02A1201.

572 S.E.2d 629 (2002)

258 Ga. App. 149

DIRECT GENERAL INSURANCE COMPANY v. DRAWDY et al.

Court of Appeals of Georgia.

Reconsideration Denied October 24, 2002.


Attorney(s) appearing for the Case

Swift, Currie, McGhee & Hiers, Henry L. Pruett, Atlanta, for appellant.

Buchanan & Land, Columbus, Clay D. Land, Macon, Page, Scrantom, Sprouse, Tucker & Ford, Virgil T. Theus, Patrick J. Araguel, Jr., Columbus, for appellees.


PHIPPS, Judge.

May an automobile insurer bring a declaratory judgment action where it has informed its insured that its policy provides no coverage for a vehicular collision, but is nonetheless providing a defense under reservation of rights to the insured in a suit by the injured party seeking damages arising from the collision? That is the primary question for decision in this case. We answer the question in the affirmative and, therefore, reverse the trial court...

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