Government Employees Ins. v. State Farm Mut. Ins. Co.

Full title: GOVERNMENT EMPLOYEES INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE…

Court: Court of Appeals of Georgia

Date published: Apr 13, 1990

394 S.E.2d 800 (Ga. Ct. App. 1990)

394 S.E.2d 800

Opinion

A90A0268.

DECIDED APRIL 13, 1990. REHEARING DENIED MAY 1, 1990.

Summary judgment motion. Cobb Superior Court. Before Judge White.

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 S.E.2d 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.

DECIDED APRIL 13, 1990 — REHEARING DENIED MAY 1, 1990 — CERT. APPLIED FOR.