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BATTLE v. LIBERTY MUT. FIRE INS. CO.

No. A05A0949.

623 S.E.2d 541 (2005)

276 Ga. App. 434

BATTLE v. LIBERTY MUTUAL FIRE INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Reconsideration denied November 18, 2005.

Attorney(s) appearing for the Case

Robert Falanga, Falanga & Chalker, Jesse Barrow III, Atlanta, for Appellant.

Harold Bagley, Karen Karabinos, Drew, Eckl & Farnham, LLP, Thomas Martin, Gino Montoya, Swift, Currie, McGhee & Hiers, Atlanta, for Appellees.

BARNES, Judge.

Le'Roy Battle sued Liberty Mutual Fire Insurance Company and Georgia Underwriting Association (GUA), seeking payment for fire damage to his house. The insurance companies answered and moved for summary judgment, which the trial court granted. The court held that Battle was judicially estopped from recovering from his insurers because he failed to list the house as an asset in his successful 1995 Chapter 7 bankruptcy petition. For the reasons that follow...

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