Government Employees Insurance v. State Farm Mutual Automobile Insurance
Georgia Court of Appeals
Government Employees Insurance v. State Farm Mutual Automobile Insurance, 195 Ga. App. 470 (1990)
394 S.E.2d 800; 1990 Ga. App. LEXIS 581
Beasley
Government Employees Insurance v. State Farm Mutual Automobile Insurance
Opinion of the Court
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.
Reference
- Full Case Name
- GOVERNMENT EMPLOYEES INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 1 case
- Status
- Published