(DOWNLOAD) "Bituminous Casualty Corporation v. J. B." by Court of Appeals of Georgia # eBook PDF Kindle ePub Free
eBook details
- Title: Bituminous Casualty Corporation v. J. B.
- Author : Court of Appeals of Georgia
- Release Date : January 25, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Bituminous Casualty Corporation issued a policy of liability insurance to J.B. Forrest & Sons, Inc. An alleged employee
of Forrest was involved in an accident on February 23, 1973, resulting in injuries to a Mrs. Hazel Smith. An attorney for
Mrs. Smith sent a letter to Forrest on June 18, 1973, stating that he represented Mrs. Smith, the date and place of the accident
and asking for information concerning the accident. The letter also asked Forrest to turn the matter over to his insurance
carrier if he had liability coverage. A day or two later, Forrest communicated with H. D. Groover of Groover-Mitchell Insurance
Agency, the agent for Bituminous, discussing the accident for the first time. Groover wrote a letter to Mrs. Smith's attorney,
acknowledging his letter, but no further contact was made among the parties until August 21, 1973. On that date Mrs. Smith
filed a complaint against Forrest and others and served summons on Forrest. On August 22, 1973, Forrest commenced bankruptcy
proceedings and turned Mrs. Smith's complaint over to an attorney who was handling his bankruptcy. This attorney filed a plea
for stay on account of bankruptcy on August 28, 1973, and answered the complaint on August 30, 1973. Neither Bituminous nor its agent Groover was made aware of the lawsuit having been filed against their insured, nor of the
defensive pleadings having been filed. On January 11, 1974, the trustee in bankruptcy for Forrest wrote a letter to Groover
(received by him on January 12, 1974) notifying him for the first time of the pendency of the lawsuit and attaching copies
of the pleadings. The letter and pleadings were forwarded by Groover to a Bituminous claims representative who received them,
on January 15, 1974 and thus its first notice of the pendency of the suit.