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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2011 » S10G1142. MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY 3-18-11 Substitute opinion issued.
S10G1142. MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY 3-18-11 Substitute opinion issued.
State: Georgia
Court: Supreme Court
Docket No: S10G1142
Case Date: 01/24/2011
Preview:Final Copy 288 Ga. 782 S10G1142. MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY. BENHAM, Justice. This case arises from the dismissal of a complaint filed by MCG Health, Inc. ("MCG"), against Owners Insurance Company ("Owners"). In sum, MCG filed a hospital lien for services provided to Braxton Morgan at the Medical College of Georgia after he was injured in an automobile accident caused by an individual insured by Owners. MCG then brought an action against Owners to collect on the lien. The trial court treated third-party defendants Braxton and Kylie Morgan's cross-motion to dismiss the complaint as a motion for summary judgment and granted it, effectively dismissing MCG's complaint for failing to state a claim for which relief could be granted. The Court of Appeals affirmed the decision in MCG Health, Inc. v. Owners Ins. Co., 302 Ga. App. 812 (692 SE2d 72) (2010). We granted certiorari to consider whether the Court of Appeals erred in its construction of OCGA
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