Georgia Farm Bureau Mutual Insurance Company v. Burch Et Al., 222 Ga. App. 749, 476 S.E.2d 62 (1996)
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Summary
Judgment reversed. Pope, P. J., and Smith, J., concur.
Summary
Judgment reversed. Pope, P. J., and Smith, J., concur.
Text
Garland & Milam, Richard G. Milam, Smith, Welch & Studdard, E. Gilmore Maxwell, Hawkins & Parnell, William H. Major III, Robert D. Brooks, Darrel L. Hopson, for appellees.Fain, Major & Wiley, Charles A. Wiley, Jr., Kim M. Jackson, for appellant.
The material facts are not in dispute. Farm Bureau issued a $25,000 liability policy to Ms. Robertson's mother. Ms. Robertson lived with her mother and was listed on the declarations sheet as an additional driver. She allowed Mr. Burch to drive her car, and she rode with him. He had an accident which, she claims in a lawsuit against him, caused her to suffer injuries. The Farm Bureau policy contains an exclusion which limits coverage for "bodily injury . . . to 'you' [the named insured] or any family member . . . (2) to the extent the limits of liability of this coverage exceed the limits of liability required by law. . . ." At the time of this accident, Georgia law required liability limits of $15,000 for bodily injury to or death of one person in one automobile accident. OCGA
On these facts, Farm Bureau's exclusion operates to limit its coverage obligation to $15,000. Ms. Robertson's only contention is that the exclusion violates public policy. It does not. Spivey v. Safeway Ins. Co.,
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