Government Employees Insurance v. State Farm Mutual Automobile Insurance

Court of Appeals of Georgia

Government Employees Insurance v. State Farm Mutual Automobile Insurance

394 S.E.2d 800, 195 Ga. App. 470, 1990 Ga. App. LEXIS 581

CourtCourt of Appeals of Georgia

DecidedApril 13, 1990

DocketA90A0268

StatusPublished

Cited by1 cases

This text of 394 S.E.2d 800 (Government Employees Insurance v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Government Employees Insurance v. State Farm Mutual Automobile Insurance, 394 S.E.2d 800, 195 Ga. App. 470, 1990 Ga. App. LEXIS 581 (Ga. Ct. App. 1990).

Pincite

Opinion

Beasley, Judge.

GEICO appeals from the grant of State Farm’s motion for summary judgment in a declaratory judgment action brought by State Farm.

This case is controlled by State Farm &c. Ins. Co. v. Astro Leasing, 194 Ga. App. 515 (390 SE2d 885) (1990). There this court held the trial court correctly dismissed a declaratory judgment action where the only question was whether the insurer was primary or excess because in such instance declaratory judgment will not lie.

It was error to grant the summary judgment and deny GEICO’s motion to dismiss the complaint.

Judgment reversed.

Deen, P. J., and Pope, J., concur.

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