Opinion
A97A1136.
DECIDED: MARCH 26, 1999
The Supreme Court granted a writ of certiorari specifically addressed to the subject matter of Divisions 1(a), (b) and (d) of Security Life Insurance Co. v. Clark, 229 Ga. App. 593 ( 494 S.E.2d 388) (1997). SeeMonteith v. Story, 255 Ga. 528, 529 ( 341 S.E.2d 1) (1986); Rives v. Atlanta Newspapers, 111 Ga. App. 6 (2) ( 140 S.E.2d 304) (1965).
In Clark v. Security Life Insurance Company c., 270 Ga. 165 ( 509 S.E.2d 602) (1998), the Supreme Court held that this Court had improperly taken judicial notice of a purported filing with the Georgia Insurance Commissioner and had applied the incorrect standard in considering whether the trial court properly submitted to the jury the issue of vicarious liability of Security for the acts of Fipps, its agent, in falsifying and forging the Clarks' application for insurance. The Supreme Court concluded that the proper standard was that of vicarious criminal liability, not the lesser standard applicable to vicarious tort liability which had been applied by the trial court and considered by this Court.
Therefore, Divisions 1(a) and (d) of our opinion are vacated and the judgment of the Supreme Court is made the judgment of this Court.
The remaining divisions of our decision, including Division 1(b) as affirmed by the Supreme Court, remain the law of the case. Ford v. Uniroyal Goodrich Tire Co., 270 Ga. 730 514 S.E.2d 201 (1999); Dicks v. Zurich American Insurance Co., 231 Ga. App. 448 ( 499 S.E.2d 169) (1998).
Therefore, the judgment of the trial court entered on the Clarks' RICO claim is reversed and this matter remanded to the trial court for further proceedings consistent with this opinion.
Judgment reversed. Ruffin and Barnes, JJ., concur.