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WERNER ENTERPRISES, INC. v. STANTON

Nos. A09A1699, A09A1708.

690 S.E.2d 623 (2010)

WERNER ENTERPRISES, INC. et al. v. STANTON et al. Werner Enterprises, Inc. et al. v. Padgett et al.

Court of Appeals of Georgia.

January 13, 2010.

Attorney(s) appearing for the Case

Dennis, Corry, Porter & Smith, Grant B. Smith, Zachary S. Shewmaker, Atlanta, for appellants.

Reynolds, Horne & Survant, W. Carl Reynolds, Bradley J. Survant, Michael G. Horner, Lane & Jarriel, Thomas F. Jarriel, Macon, for appellees.

SMITH, Presiding Judge.

In these cases consolidated for appeal, we granted Liberty Mutual Insurance Company's (Liberty Mutual) applications for interlocutory review following the trial court's denial of its motions for summary judgment. Because the trial court erred in concluding that former OCGA § 46-7-12.1 authorized a direct action against an excess insurer, we reverse in both cases.

The record reveals that in 2008, the plaintiffs

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