O.C.G.A.

O.C.G.A. § 9-12-90 (2019)

Judgments relating to common disaster

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judgments obtained in actions which are filed within 12 months from the date of the happening of the disaster or occurrence giving rise to the cause of action. (b) This Code section applies to all actions filed in the courts of this state in which damages are sought to be recovered on account of injuries sustained in or death resulting from a common disaster or occurrence.

History

(Ga. L. 1947, p. 1138, §§ 1, 2.)

Annotations

JUDICIAL DECISIONS Inapplicability of section. - O.C.G.A. § 9-12-90 did not apply to a case which did not involve the priority of judgment liens. Allstate Ins. Co. v. Evans, 200 Ga. App. 713, 409 S.E.2d 273, cert. denied, 200 Ga. App. 895, 409 S.E.2d 273 (1991).

Cited in Cannon v. Tant, 229 Ga. 771, 195 S.E.2d 15 (1972); White v. Georgia Farm Bureau Mut. Ins. Co., 234 Ga. 186, 215 S.E.2d 240 (1975).

RESEARCH REFERENCES C.J.S. - 49 C.J.S., Judgments, § 797 et seq. ALR. - Priority as between decree for alimony and claims of other creditors, 66 ALR 1473. Judgment against tortfeasor’s insurer in action by injured person as res judicata

in similar action by another person injured in same accident, 121 ALR 890. Validity, construction, and application of statute or ordinance requiring that judgments against municipality be paid in order of their entry or in other particular sequence, 138 ALR 1303.

Notes of Decisions

Cited in 2 cases, 1991–2001 · leading case: Allstate Ins. v. Evans, 409 S.E.2d 273 (Ga. Ct. App. 1991).

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Allstate Ins. v. Evans, 409 S.E.2d 273 (Ga. Ct. App. 1991). · cites it 4× “The case was submitted to the trial court for a ruling based on stipulated facts; and the court ruled that, based on OCGA § 9-12-90, the appellant was liable for the full amount of the appellees’ judgments against the insured, plus costs, and interest.”

Wilder v. Jefferson Ins. Co. of New York, 555 S.E.2d 771 (Ga. Ct. App. 2001). · cites it 4× “Jefferson has limited coverage but has multiple claims for personal injury and a substantial judgment. Therefore, interpleader of the coverage is appropriate for judicial determination of the priorities of the claims on remand, if Jefferson chooses to pay the coverage into the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.