Government Employees Insurance v. State Farm Mutual Automobile Insurance 195 Ga. App. 470, 394 S.E.2d 800

195 Ga. App. 470 • 394 S.E.2d 800

A90A0268.

GOVERNMENT EMPLOYEES INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

(394 SE2d 800)

Decided April 13, 1990

Rehearing denied May 1, 1990

Arthur H. Glaser, for appellant.

Greer, Klosik & Daugherty, Richard G. Greer, Jeffrey F. Leasendale, Thomas D. Harper, Eugene R. Kiser, for appellees.

Beasley, Judge.

GEICO appeals from the grant of State Farm’s motion for summary judgment in a declaratory judgment action brought by State Farm.

This case is controlled by State Farm &c. Ins. Co. v. Astro Leasing, 194 Ga. App. 515 (390 SE2d 885) (1990). There this court held the trial court correctly dismissed a declaratory judgment action where the only question was whether the insurer was primary or excess because in such instance declaratory judgment will not lie.

It was error to grant the summary judgment and deny GEICO’s motion to dismiss the complaint.

Judgment reversed.

Deen, P. J., and Pope, J., concur.

Government Employees Insurance v. State Farm Mutual Automobile Insurance
195 Ga. App. 470 • 394 S.E.2d 800

Case Details

Name
Government Employees Insurance v. State Farm Mutual Automobile Insurance
Decision Date
Apr 13, 1990
Citations

195 Ga. App. 470

394 S.E.2d 800

Jurisdiction
Georgia
Court
Court of Appeals of Georgia

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