State Farm Fire & Casualty Co. v. Walnut Avenue Partners, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that any coverage exclusions “must be defined clearly and distinctly.”
• “Under O.C.G.A. § 13-2-2 (5), ambiguous language in an insurance contract must be construed strictly against the insurer and in favor of the insured.”
• “The insurer can avoid estoppel by giving timely notice of its reservation of rights which fairly informs the insured of the insurer’s position.”
• “Georgia law ... recognizes that an insurer can reserve its rights unilaterally or with the implied consent of the insured.”
• under Georgia law, “[w]hether an insured gave an insurer timely notice of an event or occurrence under a policy generally is a question for the factfinder.”
• “Georgia law ... does not require an insured’s signature on a reservation of rights form, but recognizes that an insurer can reserve its rights unilaterally or with the implied consent of the insured.”

Source: CourtListener parenthetical corpus (CC0).