Sentry Ins. v. Majeed
| Decision Date | 24 May 1990 |
| Docket Number | No. S90G0632,S90G0632 |
| Parties | SENTRY INSURANCE, a Mutual Company v. MAJEED, et al. |
| Court | Georgia Supreme Court |
Richard B. Eason, Jr., Eason, Kennedy & Associates, Atlanta, for Sentry Ins.
Prince A. Brumfield, Decatur, for Majeed, et al.
We granted certiorari to the Court of Appeals, Sentry Insurance v. Majeed, et al., 194 Ga.App. 276, 390 S.E.2d 269 (1990), to consider the Court of Appeals decision in light of Atlantic Wood Industries, Inc. v. Argonaut Ins. Co., 258 Ga. 800, 375 S.E.2d 221 (1989).
In this case the Court of Appeals held that petitioner could not maintain an action for declaratory judgment to determine its liability to respondent under a policy of insurance, because there was no specific case or controversy pending. Rather, the case "involves an administrative claim between a private citizen and an insurance company." 194 Ga.App. at 277, 390 S.E.2d 269. We agree with the Court of Appeals that petitioner's action should have been dismissed.
Atlantic Wood, supra, is distinguishable. In that case this court held that the insured could maintain an action for declaratory judgment to determine the obligation of its insurers to defend an action pending against the insured. As stated above, in the case before us there is no pending action.
Judgment affirmed.
All the Justices concur.
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