Georgia Court of Appeals, 1972

Prudential Insurance Co. of America v. Willis

Prudential Insurance Co. of America v. Willis
Georgia Court of Appeals · Decided May 26, 1972 · Evans
126 Ga. App. 378; 190 S.E.2d 625; 1972 Ga. App. LEXIS 1155

Prudential Insurance Co. of America v. Willis

Opinion of the Court

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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