General Acc., Fire & Life Assur. Corp. v. John P. King Mfg. Co.

• Court: Georgia Court of Appeals
• Citation: General Acc., Fire & Life Assur. Corp. v. John P. King Mfg. Co., 3 S.E.2d 841, 60 Ga.App. 281 (Ga. App. 1939)
• Decision Date: 07 July 1939
• Docket Number: 27407.
• Parties: GENERAL ACCIDENT, FIRE & LIFE ASSUR. CORPORATION Limited, v. JOHN P. KING MFG. CO. et al.

3 S.E.2d 841

60 Ga.App. 281

GENERAL ACCIDENT, FIRE & LIFE ASSUR. CORPORATION Limited, v. JOHN P. KING MFG. CO. et al.

No. 27407.

Court of Appeals of Georgia, Division No. 2.

July 7, 1939

Bussey & Fulcher, of Augusta, for plaintiff in error.

Cumming Harper & Nixon, of Augusta, for defendants in error.

STEPHENS Presiding Judge.

As provided in the act of the General Assembly, amendatory of the Georgia Workmen's Compensation Act, approved March 30, 1937 (Ga.L.1937, pp. 528-530), wherein the Code of 1933 § 114-403, was amended, a person such as an insurance company, who, as provided in the Georgia Workmen's Compensation Act as amended, is liable to pay compensation to an injured employee of an employer to whom the insurance company has issued a policy of insurance as provided in the compensation act, is entitled to reimbursement to the extent of the compensation paid, from a person other than the employer, whose act caused the injury to the injured employee, and who has made payment to the injured employee in settlement of the latter's claim for damages on account

of the injury. The insurance company is subrogated to the right of the injured employee to recover from the person whose act caused the injury, to the extent of the compensation paid.

As provided in the act of the General Assembly, approved March 24, 1933 (Ga.L.1933, pp. 184, 185), amendatory of the workmen's compensation act, as contained in the Code of 1933, § 114-607, an insurance company which has issued to an employer who is subject to the compensation act a policy of compensation insurance which covers an employee who may be exempt from the provisions of the act and is not entitled to compensation under the act shall not plead such exemption of the employee as a defense, but compensation shall be paid to the injured employee, or his dependents if he is deceased for a compensable accident, as if the employee were subject to the compensation act. The policy of insurance issued to the employer constitutes a definite contract among all parties concerned. The insurance company which has issued such policy is the person called upon and obligated to pay compensation under the provisions of the workmen's compensation act, as amended; and, to the extent of the compensation paid by it to the injured employee, covered by the policy of compensation insurance, is entitled to recover from the person whose act caused the injury to the injured employee, and who has paid to the injured employee a sum of money in settlement of the injured employee's claim for damages.

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