TRANSP. INS. CO. v. PIEDMONT CONST. GROUP

Nos. A09A1200-A09A1202.

686 S.E.2d 824 (2009)

TRANSPORTATION INSURANCE COMPANY v. PIEDMONT CONSTRUCTION GROUP, LLC.

Court of Appeals of Georgia.

November 13, 2009.


Attorney(s) appearing for the Case

Buckley Brown, Dennis A. Brown, Atlanta, for appellant.

James, Bates, Pope & Spivey, Duke R. Groover, G. Grant Greenwood, Stephen L. Dillard, Macon, for appellee.

Thurbert E. Baker, Atty. Gen., R.O. Lerer, Deputy Atty. Gen., Denise E. Whiting-Pack, George S. Zier, Senior Asst, Attys. Gen., Patrick J. Wielinski, amici curiae.


SMITH, Presiding Judge.

In the main appeal presented here, Transportation Insurance Company denied not only coverage but a defense under a policy of liability insurance issued to a general contractor, based upon a novel and radical interpretation of a single Georgia case. This egregious conduct warrants not only affirmance but the imposition of penalties for frivolous appeal. Only the fact that the trial court did not enter a judgment for a sum certain prevents the...

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