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World Harvest Church, Inc. v. GuideOne Mut. Ins. Co., No. 08-17258

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By FindLaw Staff on October 30, 2009 8:32 AM

In an action against an insurer claiming that the insurer was estopped from contesting that a judgment against plaintiff was covered by the policy, the court of appeals certified the following questions to the Georgia Supreme Court:  1) does an insurer effectively reserve its right to deny coverage if it informs the insured that it does "not see coverage," after the insured had received a written reservation of rights from the insurer's sister company in a similar lawsuit in another jurisdiction, or is a written or more unequivocal reservation of rights required?; 2) when an insurer assumes and conducts an initial defense without notifying the insured that it is doing so with a reservation of rights, is the insurer estopped from asserting the defense of noncoverage only if the insured can show prejudice, or is prejudice conclusively presumed?; and 3) if the insured must show prejudice, do the facts and circumstances of this case show it?

Read World Harvest Church, Inc. v. GuideOne Mut. Ins. Co., No. 08-17258

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge Carnes

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