Cases
Nuco Investments, Inc. v. Hartford Fire Insurance Co., 2005 U.S. Dist. Lexis 47669 (N.D.G. 2005). Court granted summary judgment to insurer for all claims of insured for breach of fiduciary duty, breach of covenant of good faith
fail dealing, stubborn litigiousness, punitive damages,
all claims for bad faith regarding hotel owner's claims for coverage of mold remediation
restoration throughout large hotel. Nuco Investments, Inc. v. Hartford Fire Ins. Co., 2005 U.S. Dist. Lexis 47054 (N.D.G. 2005). Denial of motion of insured for partial summary judgment
laches regarding intent of insurer not to include pollution exclusionary endorsement in policy with regard to mold claim of eight story hotel. In re Tri-State Crematory Litigation, 215 F.R.D. 660 (N.D GA 2003). Denial of trifurcation of case for trial, resulting in multiple settlements with funeral home defendants
their insurers. Marchman v. Grange Mut. Ins. Co., 232 Ga. App. 481 (1998). Court affirmed summary judgment for insurer against insured's claim for coverage in excess of face value of policy of house destroyed by fire, as required by Georgia's Valued Policy Statute,
upholding requirement in replacement cost policy rider that building had to be repaired or replaced prior to liability for full replacement costs being in force. Pya/Monarch, Inc. v. Higley, et al, 219 Ga. App. 199, 464 S.E. 2d 630 (1995). Court reversed trial court's denial of summary judgment on interlocutory appeal, on showing of transfer of control of property by defendants to independent contractor,
on basis of plaintiff's equal or superior knowledge of open
obvious fence construction
plaintiff's assumption of the risk of his injury caused by such construction. Addinton v. Anneewakee, Inc., 204 Ga. App. 521, 420 S.E. 2d 60 (1992). Court upheld dismissal of plaintiff's complaint for failure to appear for deposition
otherwise participate in discovery. Southern General Ins. Co. v. Boerste, 195 Ga. App. 665, 394 S.E. 2d 566 (1990). Court affirmed grant of summary judgment to excess insurer (
named insured) finding policy of defendant insurer (appellant) to be primary
requiring appellant insurer to provide defense
liability coverage to pilot
his employer fixed base operator for claims of injury to passenger in airplane crash, thereby denying claims of primary insurer that pilot was not covered within definition of insured in policy as an independent contractor
that passenger's claims for injury were covered by primary insurer's policy as permissive user of airplane in question. Court, also, in case of first impression, applied law of automobile insurance as analogous
having precedential value in regard to aviation insurance policies. McDonald v. Vasselin, 188 Ga. App. 467, 373 S.E. 2d 221 (1988). Court affirmed summary judgment granted to homeowner as to slip-
-fall claims of plaintiff house guest licensee, based on equal knowledge of plaintiff as to condition of garage floor on which plaintiff had walked over fifty times prior to her fall. Ideal Mutual Ins. Co. v. Carol Oliver Lucas, et al, 595 F. Supp. 466 (N. D.G. 1983). Court granted summary judgment to insurer of airplane in declaratory judgment action,
affirmed denial of coverage in four lawsuits brought for bodily injury
property damage resulting from crash of airplane, based on policy exclusion from coverage of pilot due to lack of requisite flying time before flight in question.
