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DUNDEE MILLS, INC. v. JOHN DEERE INS. CO.

No. A00A2521.

545 S.E.2d 604 (2001)

248 Ga. App. 39

DUNDEE MILLS, INC. v. JOHN DEERE INSURANCE COMPANY.

Court of Appeals of Georgia.

February 12, 2001.

Attorney(s) appearing for the Case

Newton & Howell, John T. Newton, Jr., Griffin, Larry S. Mayfield, for appellant.

Dennis, Corry & Porter, Alisa W. Terry, Scott W. McMickle, Atlanta, for appellee.

MILLER, Judge.

The central question presented is whether a shipper can maintain a direct action against the insurer of an interstate motor carrier whose employee stole the shipper's cargo. We answer in the negative and so affirm the trial court's grant of summary judgment1 to the insurer.

According to the amended complaint, Dundee Mills, Inc. contracted with American Transportation Systems, Inc. to arrange for the delivery of a...

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