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Judge rescinds ruling insurance company not liable for crematory PDF Print E-mail
Written by DeadGirl   
Sunday, 29 August 2004
08/27/04
Eric Beavers

A Superior Court judge on Friday set aside his earlier ruling that Georgia Farm Bureau is not liable for the actions of former Tri-State Crematory operator Brent Marsh.

The decision means that payment of an $80 million class-action settlement established Thursday in U.S. District Court in Rome may or may not be paid, defense attorney Stuart James said.

A court will now have to decide whether coverage extended to the crematory in Noble.

Senior Judge William Smith, retired from the Chattahoochee Judicial Circuit, said he would allow plaintiff attorneys to file briefs arguing their case that the insurance firm is liable.

Smith issued his ruling Friday morning in the Walker County Courthouse.

Although homeowner’s insurance policies exclude any business of the insured, plaintiff attorneys argued that Clara Marsh is negligent in allowing her son to operate the crematory on her property.

Smith asked plaintiff attorneys to circulate a brief to ensure all parties agree on the next course of action. No dates for future hearings were set Friday.

Marsh faces 787 criminal charges for fraud, theft and abuse of corpse. That case is expected to go to trial in Walker County Superior Court next year.

http://news.mywebpal.com/news_tool_v2.cfm?show=localnews&pnpID=730&NewsID=570094&CategoryID=11576&on=0
 
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