Canal Insurance Company v. Wiley

Full title: CANAL INSURANCE COMPANY v. WILEY

Court: Court of Appeals of Georgia

Date published: Feb 8, 1971

180 S.E.2d 607 (Ga. Ct. App. 1971)

123 Ga. App. 278

Opinion

45966.

ARGUED FEBRUARY 1, 1971.

DECIDED FEBRUARY 8, 1971.

Action on insurance policy. Fulton Civil Court. Before Judge Camp.

Lokey Bowden, Charles M. Lokey, for appellant.

Howard, Howard Hall, William V. Hall, Jr., Pierre Howard, Jr., for appellee.

BELL, Chief Judge.

The policy insuring the dump truck contained a provision covering damages "caused ... by upset of the vehicle." There is no provision limiting or defining the word "upset." There is evidence from which a jury could find that the vehicle was upset and was damaged. A jury issue is also raised as to the extent of the damage. See Melton v. American Bankers Ins. Co., 110 Ga. App. 434 ( 138 S.E.2d 681).

The order denying the insurer's motion for summary judgment is

Affirmed. Pannell and Deen, JJ., concur.

ARGUED FEBRUARY 1, 1971 — DECIDED FEBRUARY 8, 1971.