Court of Appeals of Georgia December 1, 1978, 56760, 56761 (Insurance Co. of North America v. Fowler)

Quillian, Presiding Judge.

The instant appeals arise out of a declaratory judgment action with regard to fire insurance coverage.

Howell T. Gilmer owned a residence which was insured by the Insurance Company of North America (INA). On October 21,1976, the residence was damaged by fire. INA paid Gilmer $28,505.50 pursuant to its homeowner’s policy with Gilmer.