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CUSTOM PLANNING & DEVELOPMENT, INC. v. AMERICAN NAT. FIRE INS.

No. A04A2096.

606 S.E.2d 39 (2004)

270 Ga. App. 8

CUSTOM PLANNING & DEVELOPMENT, INC., et al. v. AMERICAN NATIONAL FIRE INSURANCE COMPANY.

Court of Appeals of Georgia.

October 7, 2004.

Attorney(s) appearing for the Case

Barrickman Allred & Young, Fredric S. Young, Atlanta, for appellants.

Mabry & McClelland, Richard H. Hill, Jr., Robert M. Darroch, Atlanta, for appellee.

ELDRIDGE, Judge.

Custom Planning & Development, Inc. and Tony Soufastai, the insureds, sued their insurer, American National Fire Insurance Company for breach of its contract to indemnify them for a claim that had been defended on a reservation of right at arbitration. The arbitrator found that there had been no negligence by the builder but that there had been a breach of implied warranty and of contract. The insurer contended that there was no occurrence under...

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