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EMPIRE FIRE & MARINE INS. CO. v. DRISKELL

Nos. A03A0852, A03A0853.

592 S.E.2d 80 (2003)

264 Ga. App. 646

EMPIRE FIRE & MARINE INSURANCE COMPANY v. DRISKELL et al. Driskell et al. v. Empire Fire & Marine Ins. Company.

Court of Appeals of Georgia.

Reconsideration Denied December 12, 2003.

Certiorari Denied April 27, 2004.

Attorney(s) appearing for the Case

Gray Hedrick & Edenfield, William E. Gray II, L. Bruce Hedrick, Jr., Atlanta, for appellant.

Parks, Chesin, Walbert & Miller, David F. Walbert, Herald J.A. Alexander, Charles A. Mathis, Jr., for appellees.

RUFFIN, Presiding Judge.

This insurance dispute is before us for a third time.1 In June 2002, Christine Harris and the estate of Edmund Harris ("the Harrises") proceeded to trial against Empire Fire & Marine Insurance Company ("Empire") for breach of the duty to defend and breach of the duty to settle. The jury found for the Harrises on both claims, awarding $9,000 for failure to defend and...

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