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CINCINNATI INS. CO. v. SHERMAN & HEMSTREET

No. A02A2158.

581 S.E.2d 613 (2003)

260 Ga. App. 870

CINCINNATI INSURANCE COMPANY v. SHERMAN & HEMSTREET, INC.

Court of Appeals of Georgia.

Reconsideration Denied April 14, 2003.

Attorney(s) appearing for the Case

Howard, Clark & Mercer, Glen W. Clark, Jr., Douglasville, for appellant.

Warlick, Tritt & Stebbins, William B. Warlick, Augusta, for appellee.

Powell, Goldstein, Frazer & Murphy, Karen D. Wildau, Atlanta, amicus curiae.

PHIPPS, Judge.

Sherman & Hemstreet, Inc. (Sherman) sued its insurer, Cincinnati Insurance Company (Cincinnati), because the insurer would pay only a portion of its claim. Based upon a joint statement of undisputed material facts, the parties filed cross-motions for summary judgment. The trial court denied Cincinnati's motion and granted Sherman's, awarding it the remaining unpaid amount. Cincinnati appeals. While the record supports the trial court's denial of...

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