OCCIDENTAL FIRE AND CAS. OF N.C., INC. v. JOHNSON

No. A09A1871.

691 S.E.2d 589 (2010)

OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA, INC. v. JOHNSON et al.

Court of Appeals of Georgia.

March 8, 2010.


Attorney(s) appearing for the Case

Mozley, Finlayson & Loggins, Brian J. Duva, Andrew M. Capobianco, Ashley B. Fournet, Atlanta, for appellant.

Strawinski & Stout, James S. Strawinski, Ben C. Brodhead III, Atlanta, for appellees.


PHIPPS, Judge.

In this interlocutory appeal, Occidental Fire and Casualty Company of North Carolina, Inc. challenges the denial of its motion for summary judgment. Occidental maintains that it is not subject to Georgia's direct action statute, OCGA § 46-7-12, which allows plaintiffs to sue directly the insurers of motor carriers. For reasons that follow, we affirm the trial court's ruling.

To prevail at summary judgment, the moving party must demonstrate...

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