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Georgia Court of Appeals Reverses Denial of Summary Judgment

November 24, 2008

On November 24, 2008, Fred Valz successfully obtained a reversal of the trial court’s denial of partial summary judgment in a wrongful death case where the priority of three UM insurance policies were at issue. On motion for summary judgment, the Carlock Copeland attorneys argued that their client’s auto policy should come last in priority under the “more closely identified with” test because it was originally issued to the decedent’s sister, whereas the other auto policy and umbrella policy were issued to the decedent’s father. The trial court denied summary judgment, in part, finding that the umbrella policy was last in priority because auto policies by definition apply before umbrella policies. The Court of Appeals reversed holding that umbrella policies should be stacked like other policies to provide UM coverage and, therefore, the Carlock Copeland client’s auto policy came last in priority under the “more closely identified with” test.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.