Chastain v. U.S. Fidelity & Guar. Co., 77255
Decision Date | 08 February 1989 |
Docket Number | No. 77255,77255 |
Citation | 190 Ga.App. 215,378 S.E.2d 397 |
Court | Georgia Court of Appeals |
Parties | CHASTAIN v. UNITED STATES FIDELITY & GUARANTY COMPANY. |
Weiner, Dwyer & Yancey, J. Matthew Dwyer, Jr., Thomas C. Dempsey, Atlanta, for appellant.
William C. Sanders, Thomasville, for appellee.
United States Fidelity & Guaranty Company ("USF & G") initiated this declaratory judgment action against John Timothy Chastain (defendant), to determine the extent of its liability under an automobile liability insurance policy. USF & G alleged, in pertinent part, as follows:
Defendant answered and subsequently filed a motion to dismiss for failure to state a claim contending that plaintiff sought a mere advisory opinion as to its defenses under the policy which is not a proper subject for a declaratory judgment action. The trial court denied this motion and subsequently entered summary judgment in favor of USF & G. This appeal followed. Held:
1. In his first enumeration of error, defendant contends the trial court erred in denying his motion to dismiss and argues that USF & G failed to state a claim for declaratory relief.
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