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8 Georgia opinions name it 2 courts 1984–2020 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Prescott's Altama Datsun, Inc. v. Monarch Insurancegreen2 sentences2004Co., 253 Ga. 317, 318 ( 319 SE2d 445 ) (1984), our Supreme Court set forth an exception to this rule in cases where a liability insurer, “without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage.” The Prescott exception has no application in this case, which does not involve the defense of Litigation Technology against a third-party liability claim. 2004Co., 253 Ga. 317, 318 ( 319 SE2d 445 ) (1984), our Supreme Court set forth an exception to this rule in cases where a liability insurer, “without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage.” The Prescott exception has no application in this case, which does not involve the defense of Litigation Technology against a third-party liability claim. | 4 | 6 |
American Safety Indemnity Company v. Sto Corp.green1 sentence2020Safety Idem., 342 Ga. App. at 267 (2) (“An insurer must act reasonably promptly in reserving its rights.”); Builders Ins. v. Tenenbaum, 327 Ga. App. 204, 209-10 (1) ( 757 SE2d 669 ) (2014) (“[D]efenses to coverage can be waived where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage.”); see also Hoover v. Maxum Indem. | 1 | 1 |
Hoover v. Maxum Indemnity Co.green1 sentence2020Co., 291 Ga. 402, 405-06 (2-3) (730 SE2d) (2012) (“The disclaimer language in [insurer’s] denial letter purporting to reserve its rights to assert certain defenses later was not a reservation of rights in the sense that term 11 For all these reasons, we affirm the trial court’s grant of summary judgment in favor of MFS and its denial of Penn-America’s motion for summary judgment. | 1 | 1 |
Builders Insurance v. Tenenbaumgreen2 sentences2020Safety Idem., 342 Ga. App. at 267 (2) (“An insurer must act reasonably promptly in reserving its rights.”); Builders Ins. v. Tenenbaum, 327 Ga. App. 204, 209-10 (1) ( 757 SE2d 669 ) (2014) (“[D]efenses to coverage can be waived where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage.”); see also Hoover v. Maxum Indem. 2020Safety Idem., 342 Ga. App. at 267 (2) (“An insurer must act reasonably promptly in reserving its rights.”); Builders Ins. v. Tenenbaum, 327 Ga. App. 204, 209-10 (1) ( 757 SE2d 669 ) (2014) (“[D]efenses to coverage can be waived where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage.”); see also Hoover v. Maxum Indem. | 1 | 1 |
Jones v. Georgia Casualty & Surety Co.green2 sentences1984Co., 89 Ga. App. 181, 185-186 ( 78 SE2d 861 ) (1953); Gant v. State Farm Mut. 1984Co., 89 Ga. App. 181, 185-186 ( 78 SE2d 861 ) (1953); Gant v. State Farm Mut. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allstate Insurance Company v. Walker
green
2 sentences1984Co. v. Walker, 114 Ga. App. 732 ( 152 SE2d 895 ) (1966) (insurer not estopped by agent’s representation that house trailer was covered by homeowner’s policy on insured dwelling), may be subject to the doctrine where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage, e.g., Jones v. Ga. Casualty &c. 1984Co. v. Walker, 114 Ga. App. 732 ( 152 SE2d 895 ) (1966) (insurer not estopped by agent’s representation that house trailer was covered by homeowner’s policy on insured dwelling), may be subject to the doctrine where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage, e.g., Jones v. Ga. Casualty &c. | 1 | 1984–1984 |