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LANDMARK AMERICAN INS. CO. v. KHAN

No. A10A1668.

705 S.E.2d 707 (2011)

LANDMARK AMERICAN INSURANCE COMPANY v. KHAN.

Court of Appeals of Georgia.

January 25, 2011.

Attorney(s) appearing for the Case

Fields, Howell, Athans & McLaughlin, Michael J. Athans , Jeffrey A. Kershaw , Atlanta, for appellant.

Glenn A. Loewenthal , Atlanta, for Khan.

ELLINGTON, Chief Judge.

Jamil Khan, individually and as assignee of 6420 Roswell Road, Inc., d/b/a "Flashers," filed suit against Landmark American Insurance Company, asserting, inter alia, that Landmark breached its duty to defend its insured, Flashers, in an underlying premises liability suit brought by Khan. Following a hearing, the trial court granted Khan's motion for partial summary judgment on the issue of Landmark's liability on the failure-to-defend claim...

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