PILZ v. MONTICELLO INS. CO.

Nos. A04A0140, A04A0141.

599 S.E.2d 220 (2004)

267 Ga.App. 370

PILZ et al. v. MONTICELLO INSURANCE COMPANY. Thibodeau et al. v. Monticello Insurance Company.

Court of Appeals of Georgia.

Reconsideration Denied May 12, 2004.

Certiorari Denied September 7, 2004.


Attorney(s) appearing for the Case

Edenfeld, Cox, Bruce & Classens, Gerald M. Edenfield, Marc M. Bruce, Statesboro, for appellants (case no. A04A0140).

Franklin, Taulbee, Rushing, Snipes & Marsh, William K. McGowan, Statesboro, for appellants (case no. A04A0141).

Bodker, Ramsey, Andrews, Winograd & Wildstein, Stephen C. Andrews, Drew, Eckl & Farnham, W. Wray Eckl, Atlanta, for appellee.


JOHNSON, Presiding Judge.

Monticello Insurance Company issued a liability insurance policy to Joy's Playschool/Child Care, Inc., a day care center owned by Andrew Dave Pilz and Joy Pilz. The issue on appeal is whether Monticello has a duty to defend Joy's Playschool and the Pilzes against a suit for damages by James Thibodeau and Michelle Thibodeau, in their individual capacities and as next friends of their minor child, Tyler Thibodeau.

According to the underlying...

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