Southern Fire Casualty Company v. Freeman

Full title: SOUTHERN FIRE CASUALTY COMPANY v. FREEMAN

Court: Court of Appeals of Georgia

Date published: Jun 20, 1997

487 S.E.2d 713 (Ga. Ct. App. 1997)

487 S.E.2d 713

Opinion

A96A0596.

DECIDED JUNE 20, 1997.

Action on policy. Muscogee State Court. Before Judge Johnston, pro hac vice.

McLain Merritt, William S. Sutton, for appellant.

B. Samuel Engram, Jr., for appellee.

BLACKBURN, Judge.

In Southern Fire c. Co. v. Freeman, 222 Ga. App. 308 ( 474 S.E.2d 195) (1996), we affirmed the trial court's order granting Sarah Freeman's motion for summary judgment on the issue of Southern Fire's compliance with former OCGA § 33-34-5 (b) in the application for automobile insurance at issue. In Sarah Freeman's cross-appeal we affirmed the trial court's order granting Southern Fire's motion for summary judgment on the issue of bad faith damages. The Supreme Court granted certiorari and reversed our decision regarding Southern Fire's compliance with former OCGA § 33-34-5 (b) in Southern Fire c. Co. v. Freeman, 268 Ga. 60 ( 485 S.E.2d 738) (1997). Accordingly, our judgment on this issue is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed. Andrews, C.J., McMurray, P.J., Birdsong, P.J., Pope, P.J., Beasley, Johnson, Smith and Ruffin, JJ., concur.

BLACKBURN, Judge.

DECIDED JUNE 20, 1997.