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Lawskills.com Georgia Caselaw
INABINET v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.
46573.
JORDAN, Presiding Judge.
Action on insurance policy. DeKalb State Court. Before Judge Mitchell.
This is an action by an insured against his automobile collision and liability insurer. The insured damaged his newly acquired automobile and sustained other losses on the date of acquisition, and the insurer denied liability on the basis that an endorsement to the policy excluded coverage on a newly acquired automobile. On motion of the defendant at the close of the evidence for the plaintiff the trial judge directed a verdict for the defendant and entered judgment thereon, from which the plaintiff appeals. Held:
2. The contention that the trial judge erred in failing to direct a verdict for the plaintiff at the close of the evidence for the plaintiff is without merit. Only the defendant may move for a directed verdict at this stage of a trial. CPA 50 (a); Code Ann. 81A-150 (a); Kay Enterprises v. Shawmac, 124 Ga. App. 225 (183 SE2d 503).
Greer & Murray, Malcolm S. Murray, Kenneth C. Pollock, for appellee.
Scott Walters, Jr., for appellant.
ARGUED SEPTEMBER 15, 1971 -- DECIDED OCTOBER 1, 1971.
Friday May 22 15:55 EDT


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