Security Life Insurance v. Clark

547 S.E.2d 691, 249 Ga. App. 18, 2001 Fulton County D. Rep. 1342, 2001 Ga. App. LEXIS 423

• Court: Court of Appeals of Georgia
• Decided: April 3, 2001
• Docket: A97A1136
• Status: Published

Opinions

Barnes, Judge.

In Security Life Ins. Co. v. Clark, 273 Ga. 44 (535 SE2d 234) (2000) (Security IV), the Supreme Court reversed our decision in Security Life Ins. Co. v. Clark, 239 Ga. App. 690 (521 SE2d 434) (1999) (Security III), in which we affirmed the judgment of the trial court. Earlier, the Supreme Court in Clark v. Security Life Ins. Co., 270 Ga. 165 (509 SE2d 602) (1998) (Security II), affirmed in part and reversed in part our decision in Security Life Ins. Co. v. Clark, 229 Ga. App. 593 (494 SE2d 388) (1997) (Security I), which reversed the judgment of the trial court.

Therefore, our opinion in Security III is vacated, and the judgment of the Supreme Court in Security TV is made the judgment of this court. Further, in accordance with Security I, Security II, and Security IV, the judgment of the trial court is reversed and the case remanded to the trial court for proceedings consistent with Security IV, Security II, and Security I.

Security Life’s motion to establish a briefing schedule is denied.

Judgment reversed and case remanded.

Blackburn, C. J., Pope, P. J., Johnson, P. J., Ruffin and Eldridge, JJ., concur. Andrews, P. J., concurs specially.