Boston Old Colony Ins. Co. v. Brown
| Decision Date | 23 October 1980 |
| Docket Number | No. 60054,60054 |
| Citation | 272 S.E.2d 755,155 Ga.App. 767 |
| Parties | BOSTON OLD COLONY INSURANCE COMPANY v. BROWN. |
| Court | Georgia Court of Appeals |
Howard M. Lessinger, M. David Merritt, Atlanta, for appellant.
M. Hardeman Blackshear, Atlanta, for appellee.
This appeal is from a declaratory judgment holding that an employee may recover both under the Workers' Compensation Act and under his employer's "no-fault" insurance plan for injuries sustained in a vehicular collision incurred while in the course of his employment. We reverse.
This issue is controlled by Freeman v. Ryder Truck Lines, Inc., 244 Ga. 80, 259 S.E.2d 36, in accordance with appellant's contentions. In Freeman, the court found that (Emphasis supplied.) Id., p. 83, 259 S.E.2d 36.
Under the binding authority of Freeman, we find that the judgment of the trial court requiring appellant-insurer to continue making payments to appellee under its no-fault policy with appellee's employer despite the employee's receipt of workers' compensation benefits was error. The contentions of appellee to the contrary attempting to distinguish Freeman are unpersuasive.
Judgment reversed.
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Doran v. Travelers Indem. Co., 41550
...compensation policy. The company relied upon the September 19, 1980, Georgia Court of Appeals' decision in Boston Old Colony Ins. Co. v. Brown, 155 Ga.App. 767, 272 S.E.2d 755 (1980), which held that an employee injured in an automobile accident could not collect no-fault benefits under his......
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Brown v. Boston Old Colony Ins. Co.
...was entitled only to workers' compensation insurance and was not entitled to the no-fault insurance. Boston Old Colony Insurance Co. v. Brown, 155 Ga.App. 767, 272 S.E.2d 755 (1980). We granted certiorari to determine whether the issues in this case are controlled by Code Ann. § 56-3409b (G......
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Boston Old Colony Insurance Co. v. Brown, 60054
...for appellee. SHULMAN, Presiding Judge. This court having entered on September 19, 1980, a judgment in the above-styled case, 155 Ga.App. 767, 272 S.E.2d 755, reversing the judgment of the trial court; and the judgment of this court having been reversed on certiorari by the Supreme Court in......