Pate v. Federated Mut. Ins. Co., 68571

• Court: Georgia Court of Appeals
• Writing for the Court: CARLEY; BANKE
• Citation: Pate v. Federated Mut. Ins. Co., 338 S.E.2d 74, 176 Ga.App. 690 (Ga. App. 1985)
• Decision Date: 04 November 1985
• Docket Number: No. 68571,68571
• Parties: PATE v. FEDERATED MUTUAL INSURANCE COMPANY.

Page 74

338 S.E.2d 74

176 Ga.App. 690

PATE v. FEDERATED MUTUAL INSURANCE COMPANY.

No. 68571.

Court of Appeals of Georgia.

Nov. 4, 1985.

David N. Rainwater, Cordele, for appellant.

James B. Hamilton, Fayetteville, for appellee.

CARLEY, Judge.

In Pate v. Federated Mut. Ins. Co., 173 Ga.App. 163, 325 S.E.2d 831 (1984), this court reversed the grant of summary judgment in favor of the defendant-insurer and affirmed the denial of summary judgment in favor of the plaintiff-insured. On certiorari, our Supreme Court reversed the judgment of this court as to the defendant-insurer. Federated Mut. Ins. Co. v. Pate, 254 Ga. 361, 329 S.E.2d 494 (1985). Accordingly, our original decision in Pate v. Federated Mut. Ins. Co., supra, is vacated and the judgment of the Supreme Court is made the judgment of this court. The order of the trial court is affirmed in all respects.

Judgment affirmed.

BANKE, C.J., DEEN, McMURRAY and BIRDSONG, P.JJ., and SOGNIER, POPE, BENHAM and BEASLEY, JJ., concur.