Opinion
43781.
ARGUED JULY 2, 1968.
DECIDED JULY 15, 1968.
Declaratory judgment. Tattnall Superior Court. Before Judge Caswell.
Doremus Karsman, William Green, Ogden Doremus, for appellant.
William T. Darby, Sr., John P. Rabun, B. Daniel Dubberly, Jr., for appellees.
A petition should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
ARGUED JULY 2, 1968 — DECIDED JULY 15, 1968.
The insurer appeals from an order of the trial court dismissing its petition for declaratory relief upon the ground that the "complaint failed to state a cause of action [claim for relief] against the defendants upon which the relief sought might be granted."
The appellees rely upon Pennsylvania Threshermen c. Cas. Co. v. Gardner, 107 Ga. App. 472 ( 130 S.E.2d 507), and Hatcher v. Georgia Farm Bureau Mut. Ins. Co., 112 Ga. App. 711 ( 146 S.E.2d 535). These cases are inapposite for the reason they were decided under the old strict rules of pleading. A claim for relief under Code Ann. § 81A-108 "should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46 ( 78 SC 99, 2 L.Ed.2d 80). See also Harper v. DeFreitas, 117 Ga. App. 236 (1) ( 160 S.E.2d 260).
The trial court erred in dismissing the petition. St. Paul Fire c. Ins. Co. v. Johnson, 216 Ga. 437 ( 117 S.E.2d 459); Ditmyer v. American Liberty Ins. Co., 117 Ga. App. 512 (1) ( 160 S.E.2d 844).
Judgment reversed. Bell, P. J., and Quillian, J., concur.