Old Colony Insurance v. Dressel , 109 Ga. App. 465 ( 1964 )

On Defendant’s Motion for Rehearing.

On motion for rehearing the defendant contends that McCarty v. National Life &c. Ins. Co., 107 Ga. App. 178, supra, which we followed in Division 2 of this opinion is contrary to older decisions of this court and decisions of the Georgia Supreme Court and should not be followed. In deciding the McCarty case we reviewed and thoroughly considered the precedents cited in the defendant’s motion. The Georgia Supreme Court by a full bench denied a petition for certiorari in that case on May 14, 1963; and by a full bench denied a motion for reconsideration on May 29, 1963. The McCarty case was cited and followed by this court in Pippin v. Mutual Life Ins. Co., 108 Ga. App. 741, 750, supra.

Rehearing denied.