Barras v. State Farm Mut. Auto. Ins. Co., 43834
Decision Date | 16 September 1968 |
Docket Number | No. 43834,No. 2,43834,2 |
Parties | W. J. BARRAS et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY |
Court | Georgia Court of Appeals |
Syllabus by the Court
Under the Georgia statute requiring that automobile liability insurance policies include uninsured automobile coverage, and under the uninsured automobile coverage of the policy in this case, an automobile owned by the insured and being operated by a permissive driver is not an 'uninsured automobile.'
This was an action for a declaratory judgment seeking an adjudication that the uninsured automobile coverage of an insurance policy was applicable under the facts alleged. The defendant insurer issued to the plaintiff husband a policy on an automobile owned by him, covering, among other things, bodily injury and property damage liability to the insured (including by definition the wife of the named insured) caused by accident and arising out of the use of an uninsured automobile. The plaintiff wife was injured while riding in the automobile named in the policy, when it was being driven with her permission by a friend who carried no insurance covering her use of the automobile.
Joseph B. Bergen, Savannah, for appellants.
Hitch, Miller, Beckmann & Simpson, Luhr G. C. Beckmann, Jr., Savannah, for appellee.
The policy defined 'uninsured automobile' as '(1) a land motor vehicle with respect to the ownership, maintenance or use of which (a) there is no bodily injury liability and property damage liability bond or insurance policy in the amounts specified in the Georgia Automobile Financial Responsibility Act, applicable at the time of the accident with respect to any person or organization legally responsible for the use of such vehicle * * * but the term 'Uninsured automobile' shall not include: (i) an automobile defined herein as an 'insured automobile'; (ii) a land motor vehicle owned by the named insured or by any resident of the same household; * * *' 'Insured automobile' was defined as 'an owned automobile, provided the use thereof is by such named insured or spouse or any other person to whom such named insured or spouse has given permission to use such automobile, if the use is within the scope of such permission, * * *'
A Georgia statute (Ga.Laws 1963, p. 588, as amended Code Ann. § 56-407.1(a)) requires, unless rejected by the insured named in the policy, coverage of the insured for 'all sums which he shall be legally...
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