Gulf States Underwriters v. Bennett

5 Citing cases

  1. The Home Depot v. McCreary

    306 Ga. App. 805 (Ga. Ct. App. 2010)   Cited 11 times

    Further, we held that this jurisdictional requirement of a timely application could not be waived. We have also held, for example, that the State Board of Workers' Compensation lacks subject matter jurisdiction to consider a fraud claim against an insurance agent, Gulf States Underwriters c. v. Bennett, 260 Ga. App. 699, 701 (1) ( 580 SE2d 550) (2003), and that the superior court lacks subject matter jurisdiction to consider a workers' compensation award after it is affirmed by operation of law because the court failed to hold a hearing or issue a ruling within the time prescribed by OCGA ยง 34-9-105 (b). Truckstops of America v. Engram, 229 Ga. App. 616, 617 ( 494 SE2d 709) (1997). None of these situations resembles the one involving this appeal.

  2. Builders Insurance Group v. Ker-Wil Enterprises

    274 Ga. App. 522 (Ga. Ct. App. 2005)   Cited 9 times
    Upholding dismissal of declaratory judgment action when insurance company had already denied coverage

    Further, the Georgia cases cited by Builders implicitly support this general principle. In Gulf States Underwriters c. v. Bennett, 260 Ga. App. 699, 701-702 (1) ( 580 SE2d 550) (2003), we held that the administrative law judge lacked subject matter jurisdiction to entertain a fraud claim against an insurance agent, a "non-insurer" who had recommended to an employer a policy of insurance that was not a workers' compensation policy. However, in that same opinion, we held the judge had subject matter jurisdiction to determine the scope of the policy at issue, which, under the circumstances of that case, "served to insure against liability for payment of benefits."

  3. Glisson v. Rooms To Go

    270 Ga. App. 689 (Ga. Ct. App. 2004)   Cited 1 times

    (Punctuation and footnote omitted.) Gulf States Underwriters c. v. Bennett, 260 Ga. App. 699, 702 (2) ( 580 SE2d 550) (2003). Here, I believe the majority interprets the Act in such a way as to deprive the employer of its benefits.

  4. J M Aircraft v. Johnston County Airport

    605 S.E.2d 611 (Ga. Ct. App. 2004)   Cited 1 times

    (Punctuation and footnote omitted.) Gulf States Underwriters of La. v. Bennett, 260 Ga. App. 699, 703 (3) ( 580 SE2d 550) (2003). Absent ambiguity, we must interpret a contract for the plain meaning of its terms.

  5. AA Action, Inc. v. Transcontinental Insurance

    360 F. App'x 45 (11th Cir. 2010)

    "Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application made a part of the policy." Gulf States Underwriters of La., Inc. v. Bennett, 260 Ga.App. 699, 703, 580 S.E.2d 550 (2003). "Any reasonable doubt as to uncertain language will be resolved against the insurer."