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TOOMER v. ALLSTATE INSURANCE COMPANY

No. A08A0529.

663 S.E.2d 763 (2008)

TOOMER v. ALLSTATE INSURANCE COMPANY.

Court of Appeals of Georgia.

June 18, 2008.

Attorney(s) appearing for the Case

Noble L. Boykin Jr., Savannah, for appellant.

Carlock, Copeland, Semler & Stair, Frederick M. Valz III, Ambadas B. Joshi, Julie D. Culhane, for appellee.

Kate S. Cook, amicus curiae.

JOHNSON, Presiding Judge.

Janie Toomer sued Edgar Rosenberry for injuries she suffered in an automobile collision that allegedly was his fault. She served her uninsured motorist ("UM") carrier, Allstate Insurance Company, with the complaint. Toomer later settled with Rosenberry's liability insurance carrier, USAA, for the amount of his policy limit. Allstate moved to dismiss, arguing that Toomer's UM policy limit was equal to Rosenberry's liability policy limit, and...

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