Court of Appeals of Georgia November 16, 1979, 58197 (Christian v. Allstate Insurance)

Smith, Judge.

Appellee brought this declaratory judgment action in order to obtain a judicial determination that the insurance policy at issue afforded no coverage to appellants. The trial court granted appellee’s motion for summary judgment on the basis of Code § 38-1603(3), (5), which comprises a portion of what is commonly referred to as the Dead Man’s Statute. We reverse.