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GAITHER v. STATE FARM FIRE & CAS. CO.

No. A97A1980.

494 S.E.2d 27 (1997)

229 Ga. App. 330

GAITHER et al. v. STATE FARM FIRE & CASUALTY COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied November 13, 1997.

Certiorari Denied February 20, 1998.

Attorney(s) appearing for the Case

Richard E. Stark, Atlanta, for appellants.

Fortson, Bentley & Griffin, J. Edward Allen, Jr., Blasingame, Burch, Garrard, Bryant & Ashley, Andrew J. Hill, III, Milton F. Eisenberg, II, William S. Cowsert, Athens, for appellee.

ANDREWS, Chief Judge.

In this declaratory judgment action, the trial court held that Andrew Henderson was not a "permissive driver" of a van belonging to his mother, Hattie Mae Henderson, and insured by State Farm Fire & Casualty Company (State Farm). The court granted summary judgment to State Farm and ruled the insurer had no duty to provide coverage for claims against Andrew arising from his use of the van intentionally to kill Cynthia Gaither, his children...

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