Dillard v. Allstate Ins. Co., 55733
| Decision Date | 25 April 1978 |
| Docket Number | No. 2,No. 55733,55733,2 |
| Citation | 145 Ga.App. 755,245 S.E.2d 30 |
| Parties | Charlie DILLARD v. ALLSTATE INSURANCE COMPANY |
| Court | Georgia Court of Appeals |
Fred A. Gilbert, Atlanta, for appellant.
Dennis, Corry, Webb, Carlock & Williams, Thomas S. Carlock, Wade K. Copeland, Atlanta, for appellee.
Dillard filed suit against Allstate on April 1, 1977, contending that he was entitled to insurance coverage in the amount of $4,000 "as the result of an automobile collision." The complaint did not specify when the alleged collision took place nor give any other details. Allstate answered and served interrogatories to obtain information concerning the collision, a description of Dillard's injuries and a statement of his medical expenses. Shortly thereafter it filed a motion for summary judgment and an affidavit showing that it had received no notice of the incident which allegedly occurred on March 16, 1972 until December 22, 1972; that no details other than the date and a location somewhere on North Avenue in Atlanta were given; that no written proof of claim was received until September, 1975; and that Allstate upon receipt of the notice immediately disclaimed liability and reserved its rights to investigate the claim without waiving any policy defenses.
The conditions of the insurance policy that are pertinent in this appeal are: (Emphasis supplied).
(Emphasis supplied).
Dillard did not file timely answers to interrogatories and a motion to dismiss was filed. On October 28, 1977, both the motion for summary judgment and motion to dismiss were heard, Dillard was ordered to answer the interrogatories by the end of business on that date, and to pay attorney fees of $150. The trial court reserved ruling in order to allow Dillard to complete the record by adding the record from a prior case filed on April 18, 1974, which involved the same parties and the same issues.
The record here, as thus completed, reveals that the "collision" alleged in the complaint involved an incident when Dillard ran off the road to avoid another vehicle, the names of two witnesses (whose addresses were no longer available), that Allstate tried for over a year in the prior case to receive answers to interrogatories, and that an order compelling...
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