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Melissa Bailey Wins Summary Judgment in Declaratory Judgment Action Involving Material Misrepresentation

January 3, 2022

Melissa Bailey won summary judgment for GEICO in a declaratory judgment action filed by American Family Connect Insurance Company, securing the dismissal of GEICO from the lawsuit.  American Family Connect Insurance Company filed the declaratory judgment action seeking to rescind its policy based upon a material misrepresentation and a finding that the insured failed to cooperate.  GEICO was a respondent in the lawsuit.  The court found that even though there was a material misrepresentation in the application for the policy, under Georgia public policy, the policy could not be rescinded.  The court also found that American Family Connect Insurance Company was not prejudiced by the insured’s failure to cooperate and could not deny coverage on those grounds.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.