Walston v. Holloway
Decision Date | 11 February 1992 |
Docket Number | No. A91A2246,A91A2246 |
Citation | 203 Ga.App. 56,416 S.E.2d 109 |
Parties | WALSTON et al. v. HOLLOWAY. |
Court | Georgia Court of Appeals |
William W. Keith, III, Chatsworth, for appellants.
Luther, Anderson, Cleary & Ruth, Steven A. Kreitzer, Chattanooga, Tenn., Clifton M. Patty, Jr., Ringgold, Swift, Currie, McGhee & Hiers, James B. Hiers, Jr., Atlanta, for appellee.
Gladys Walston and her husband brought suit against Reginald Holloway seeking to recover damages arising out of an automobile accident caused when Holloway's car struck the car driven by Walston's daughter, Jennifer Owen, in which Walston and Owen's son were passengers. Owen's uninsured motorist carrier, American National Property & Casualty Company (ANPAC), was also served in the suit, answered in its own name, and filed a motion for summary judgment on several grounds, including the ground that it had tendered all the insurance benefits available under the policy to Owen and her son. The trial court granted ANPAC's motion, and the Walstons appeal.
We affirm. Although we have not addressed in the context of uninsured motorist coverage the issue of the right of the insurer to exhaust policy coverage applicable to a common occurrence by selectively settling a portion of the claims in favor of some claimants to the detriment of other claimants, we have addressed this issue with respect to liability insurance. In Allstate Ins. Co. v. Evans, 200 Ga.App. 713, 714-715, 409 S.E.2d 273 (1991), we held that
Although we acknowledge the differences between liability coverage and uninsured motorist coverage, e.g., the absence of liability...
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Miller v. GA. INTERLOCAL RISK MANAGEMENT, A98A0281.
...for the rule adopted in Evans are equally applicable to liability insurance coverage provided under GIRMA. See Walston v. Holloway, 203 Ga.App. 56, 416 S.E.2d 109 (1992); Gilbert v. Richardson, 264 Ga. 744, 751-752, 452 S.E.2d 476 2. In alleging that GIRMA through its claims adjuster, Galla......
- House v. State, A91A2129
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Florida's new good faith duty on an insurer not to settle.
...167 A. 180, 182 (Conn. 1933); Miller v. Ga. Interlocal Risk Mgmt. Agency, 501 S.E. 2d 273, 274 (Ga. App. 1991); Walston v. Holloway, 416 S.E. 2d 109, 110 (Ga. App. 1992); Haas v. Mid Am. Fire & Marine Ins. Co., 343 N.E. 2d 36, 38-39 (Ill. App. 1976); State Farm Mut. Auto. Ins. Co., v. M......