Prudential Insurance Co. of America v. Willis

Court of Appeals of Georgia

Prudential Insurance Co. of America v. Willis

190 S.E.2d 625, 126 Ga. App. 378, 1972 Ga. App. LEXIS 1155

CourtCourt of Appeals of Georgia

DecidedMay 26, 1972

Docket45731

StatusPublished

This text of 190 S.E.2d 625 (Prudential Insurance Co. of America v. Willis) 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.

Bluebook

Prudential Insurance Co. of America v. Willis, 190 S.E.2d 625, 126 Ga. App. 378, 1972 Ga. App. LEXIS 1155 (Ga. Ct. App. 1972).

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Opinion

Evans, Judge.

The Supreme Court of Georgia in Prudential Ins. Co. of America v. Willis, 227 Ga. 619 (182 SE2d 420), reversed this court in a divided opinion (5-2), thereby setting aside the decision of this court in Prudential Ins. Co. of America v. Willis, 123 Ga. App. 150 (179 SE2d 688). Thereafter, the Supreme Court of the United States in Willis v. Prudential Ins. Co. of America, 405 U. S. 318 (92 SC 1257, 31 LE2d 273) affirmed the decision of the Supreme Court of Georgia by an equally divided court (4-4, Mr. Justice Powell taking no part in the consideration or decision of the case). Based upon the above, our decision affirming the lower court is reversed since the court erred in granting summary judgment in favor of Willis and in denying summary judgment as to Prudential.

Judgment reversed.

Hall, P. J., and Deen, J., concur.

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Evans, Judge.

The Supreme Court of Georgia in Prudential Ins. Co. of America v. Willis, 227 Ga. 619 (182 SE2d 420), reversed this court in a divided opinion (5-2), thereby setting aside the decision of this court in Prudential Ins. Co. of America v. Willis, 123 Ga. App. 150 (179 SE2d 688). Thereafter, the Supreme Court of the United States in Willis v. Prudential Ins. Co. of America, 405 U. S. 318 (92 SC 1257, 31 LE2d 273) affirmed the decision of the Supreme Court of Georgia by an equally divided court (4-4, Mr. Justice Powell taking no part in the consideration or decision of the case). Based upon the above, our decision affirming the lower court is reversed since the court erred in granting summary judgment in favor of Willis and in denying summary judgment as to Prudential.

Judgment reversed.

Hall, P. J., and Deen, J., concur.

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Bluebook (online)

190 S.E.2d 625, 126 Ga. App. 378, 1972 Ga. App. LEXIS 1155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudential-insurance-co-of-america-v-willis-gactapp-1972.

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