Miller, Stevenson Steinichen v. Amer. Empl. Ins. Co.

Full title: MILLER, STEVENSON STEINICHEN, INC. v. AMERICAN EMPLOYERS INSURANCE COMPANY

Court: Court of Appeals of Georgia

Date published: Sep 7, 1977

238 S.E.2d 129 (Ga. Ct. App. 1977)

238 S.E.2d 129

Opinion

53154.

SUBMITTED JANUARY 10, 1977.

DECIDED SEPTEMBER 7, 1977.

Action on insurance policy. Fulton State Court. Before Judge Ward.

Horton Crim, Candler Crim, Jr., for appellant.

Smith, Cohen, Ringel, Kohler Martin, Kenneth L. Millwood, Robert W. Beynart, for appellee.

PER CURIAM.

This court in Miller, Stevenson Steinichen, Inc. v. American Employers Ins. Co., 141 Ga. App. 292 ( 233 S.E.2d 226) (1977), ruled that certain documents left overnight in an automobile in which they were to be transported the next day were in "storage" so as to be excluded from coverage under the terms of the owner's theft insurance policy. The Supreme Court on certiorari ( Miller, Stevenson Steinichen, Inc. v. American Employers Ins. Co., 239 Ga. 125 ( 236 S.E.2d 253) (1977)), reversed.

In accordance with the opinion of the Supreme Court, the trial court's grant of summary judgment to the insurer in this case is reversed.

Judgment reversed. Quillian, P. J., Shulman and Banke, JJ., concur.

SUBMITTED JANUARY 10, 1977 — DECIDED SEPTEMBER 7, 1977.