Prudential Insurance Company of America v. Willis

Full title: PRUDENTIAL INSURANCE COMPANY OF AMERICA v. WILLIS

Court: Court of Appeals of Georgia

Date published: May 26, 1972

190 S.E.2d 625 (Ga. Ct. App. 1972)

126 Ga. App. 378

Opinion

45731.

DECIDED MAY 26, 1972.

Action on insurance policy. Elbert Superior Court. Before Judge Williford.

King Spalding, A. Felton Jenkins, Jr., Joseph B. Haynes, Lavender Cunningham, Woodrow Lavender, Fred Cunningham, for appellant.

Heard Leverett, E. Freeman Leverett, for appellee.

EVANS, Judge.

The Supreme Court of Georgia in Prudential Ins. Co. of America v. Willis, 227 Ga. 619 ( 182 S.E.2d 420), reversed this court in a divided opinion (5-2), thereby setting aside the decision of this court in Prudential Ins. Co. of America v. Willis, 123 Ga. App. 150 ( 179 S.E.2d 688). Thereafter, the Supreme Court of the United States in Willis v. Prudential Ins. Co. of America, 405 U.S. 318 ( 92 SC 1257, 31 L.Ed.2d 273) affirmed the decision of the Supreme Court of Georgia by an equally divided court (4-4, Mr. Justice Powell taking no part in the consideration or decision of the case). Based upon the above, our decision affirming the lower court is reversed since the court erred in granting summary judgment in favor of Willis and in denying summary judgment as to Prudential.

Judgment reversed. Hall, P. J., and Deen, J., concur.

DECIDED MAY 26, 1972.