See Market Ins. Corp. v. IHM, Inc., 192 Ga. App. 441, 442 (2) ( 385 S.E.2d 307) (1989). See also World Mut. c. Ins. Co. v. Thurmond, 112 Ga. App. 393 (1) ( 145 S.E.2d 252) (1965). Moreover, it is well established that, in order for a prior judgment to have res judicata effect in subsequent litigation between the same parties, the prior action must have involved the same cause of action.
Oral notice was given when investigators for Criterion suggested that coverage might be afforded under the Georgia Mutual policy, and Georgia Mutual began its investigation the following day, securing affidavits, statements, etc. and denied coverage prior to any suit being instituted against the Pyes by the Hortons. Under these circumstances Georgia Mutual has not carried its burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Columbian Nat. Life Ins. Co. v. Miller, 140 Ga. 346 (2) ( 78 S.E. 1079, AC 1914D 408); Norfolk c. Mut. Fire Ins. Co. v. Cumbaa, 128 Ga. App. 196 ( 196 S.E.2d 167) and cits. Wolverine Ins. Co. v. Sorrough, 122 Ga. App. 556 (2b) ( 177 S.E.2d 819); Williams v. Atlas Assur. Co., 22 Ga. App. 661 (4) ( 97 S.E. 91) Assurance Co. of America v. Bell, 108 Ga. App. 766, 769 ( 134 S.E.2d 540) and cits.; World Mut. Health Acc. Ins. Co. v. Thurmond, 112 Ga. App. 393 (2) ( 145 S.E.2d 252); Stonewall Ins. Co. v. Farone, 129 Ga. App. 471 ( 199 S.E.2d 852). Judgment affirmed. Pannell, J., concurs. Eberhardt, P. J., concurs specially.