Georgia Supreme Court Leaves $345 Million Reversal Intact

On September 9, 2026, the Supreme Court of Georgia denied the petition for certiorari in Mark Eubanks et al. v. Philadelphia Indemnity Insurance Company et al., Case No. S26C1196.

The denial leaves standing the Court of Appeals’ March 6, 2026 decision in Philadelphia Indemnity Insurance Company v. Eubanks et al. (Court of Appeals Case Nos. A25A1664, A25A1665, A25A1666, and A25A1668), which reversed a $345 million trial-court judgment arising out of historical abuse claims connected to the Darlington School.

What This Means

By declining further review, the Supreme Court has left in place the Court of Appeals’ holdings that governed the appeal—including the court’s treatment of occurrence-based coverage, the rejection of a continuous-trigger theory based on present-day mental anguish, the principle that intentional misconduct is not an “accident” or “occurrence,” and the conclusion that there was no evidence of a covered injury.

Continuity With the March Ruling

As we wrote when the Court of Appeals issued its opinion, insurance is a matter of contract. Insurers are bound by the risks they actually agreed to cover—not by allegations that seek to stretch modern or later-period policies across events that occurred decades earlier. The Supreme Court’s denial of certiorari brings that appellate result to a close at the highest court in Georgia.

Kershaw Law LLC is proud to have represented one of the insurers in this matter and remains committed to thoughtful, strategic, high-stakes coverage and appellate work for our clients.

Related: Victory for Kershaw Law LLC — Georgia Court of Appeals Reverses $345 Million Judgment (March 6, 2026).