Dowse v. Southern Guaranty Insurance Company

Full title: DOWSE et al. v. SOUTHERN GUARANTY INSURANCE COMPANY

Court: Court of Appeals of Georgia

Date published: Dec 13, 2004

608 S.E.2d 326 (Ga. Ct. App. 2004)

608 S.E.2d 326

Opinion

A03A1459.

DECIDED DECEMBER 13, 2004.

Garnishment. Chatham Superior Court. Before Judge Falligant.

Eugene C. Brooks IV, for appellants.

Mabry McClelland, Robert M. Darroch, Nathan W. Kotas, for appellee.

BLACKBURN, Presiding Judge.

In Dowse v. Southern Guaranty Ins. Co., ¹ we reversed the trial court's grant of summary judgment to Southern Guaranty Insurance Company. The Supreme Court of Georgia affirmed our decision in Southern Guaranty Ins. Co. v. Dowse ² but directed that the matter be remanded for a determination of whether the insurance policy at issue provides coverage for the underlying claims. In accordance with the Supreme Court's directive, we therefore reverse the judgment of the trial court below and remand the case for a determination of whether the policy provides coverage for the underlying claims. Any party desiring to appeal the eventual final judgment of the trial court may do so as provided by law.

1 Dowse v. Southern Guaranty Ins. Co., 263 Ga. App. 435 ( 588 SE2d 234) (2003).

2 Southern Guaranty Ins. Co. v. Dowse, 278 Ga. 674 ( 605 SE2d 27) (2004).

Judgment reversed and case remanded with direction. Ellington and Phipps, JJ., concur.

BLACKBURN, Presiding Judge.

DECIDED DECEMBER 13, 2004.