National Casualty Company v. Georgia School Board Association, Inc.

Justia Dockets & Filings Eleventh Circuit Georgia Northern District National Casualty Company v. Georgia School Board Association, Inc.

National Casualty Company v. Georgia School Board Association, Inc.

Plaintiff:	National Casualty Company
Defendant:	Georgia School Board Association, Inc.
Case Number:	1:2016cv00691
Filed:	March 3, 2016
Court:	US District Court for the Northern District of Georgia
Office:	Atlanta Office
County:	XX US, Outside State
Presiding Judge:	William S. Duffey
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 2201
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 24, 2018	Filing 36 OPINION AND ORDER certifyng the following question to the Supreme Court of Georgia: When an insurance policy issued by a commercial company (i) has a provision that states that the policy is excess to the liability of another insurer overlapping cov erage and (ii) that provision conflicts with the excess coverage provision in an insurance agreement issued by an agency created under O.C.G.A § 20-2-2002, does the irreconcilable provision rule (State Farm Fire & Cas. Co. v. Holton, 205 S.E.2d 872, 874 (Ga. Ct. App. 1974)) require each insurer to pay a pro rata share of the loss? It is further ordered that the Court STAYS this action including rulings on Nationals Motion for Reconsideration 31 and Risk Funds Motion for Reconsideration 32 , pending resolution of the two questions which are certified to the Supreme Court of Georgia. Signed by Judge William S. Duffey, Jr on 1/24/18. (ddm)
June 2, 2017	Filing 30 OPINION AND ORDER denying Plaintiff's Motion for Summary Judgment 23 and granting Defendant's Motion for Partial Summary Judgment 22 . Signed by Judge William S. Duffey, Jr on 6/2/17. (ddm)

Date Filed

Document Text

January 24, 2018

Filing 36 OPINION AND ORDER certifyng the following question to the Supreme Court of Georgia: When an insurance policy issued by a commercial company (i) has a provision that states that the policy is excess to the liability of another insurer overlapping cov erage and (ii) that provision conflicts with the excess coverage provision in an insurance agreement issued by an agency created under O.C.G.A § 20-2-2002, does the irreconcilable provision rule (State Farm Fire & Cas. Co. v. Holton, 205 S.E.2d 872, 874 (Ga. Ct. App. 1974)) require each insurer to pay a pro rata share of the loss? It is further ordered that the Court STAYS this action including rulings on Nationals Motion for Reconsideration 31 and Risk Funds Motion for Reconsideration 32 , pending resolution of the two questions which are certified to the Supreme Court of Georgia. Signed by Judge William S. Duffey, Jr on 1/24/18. (ddm)

June 2, 2017

Filing 30 OPINION AND ORDER denying Plaintiff's Motion for Summary Judgment 23 and granting Defendant's Motion for Partial Summary Judgment 22 . Signed by Judge William S. Duffey, Jr on 6/2/17. (ddm)

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Plaintiff: National Casualty Company
Represented By:	Charles Minor McDaniel, Jr.
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Defendant: Georgia School Board Association, Inc.
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