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COLONIAL OIL INDUS. v. UNDERWRITERS

No. S97Q0858.

491 S.E.2d 337 (1997)

268 Ga. 561

COLONIAL OIL INDUSTRIES, et al. v. UNDERWRITERS SUBSCRIBING TO POLICY NOS. TO31504670 and TO31504671.

Supreme Court of Georgia.

Reconsideration Denied November 3, 1997.

Attorney(s) appearing for the Case

Ronald C. Berry, Savannah, for Colonial Oil Industries.

Walter C. Hartridge, Edwin D. Robb, Jr., Bouhan, Williams & Levy, LLP, Savannah, for Underwriters Subscribing to Policy Nos. TO31504670 and TO31504671.

James N. Sadd, Grant G. Morain, Slappey & Sadd, Dorothy Y. Kirkley, Jones, Day, Reavis & Pogue, Atlanta, for Amicus Appellee.

FLETCHER, Presiding Justice.

The Eleventh Circuit Court of Appeals certified to this Court questions regarding the scope of an insurer's duty to investigate prior to determining whether to defend a claim brought against its insured and the effect of a wrongful refusal to defend on an insurer's right to raise policy defenses.1 We conclude that an insurer has no duty to investigate until the insured apprises the insurer of facts that would...

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