Hansen v. Liberty Mut. Fire Ins. Co., 43092

• Decision Date: 18 October 1967
• Docket Number: No. 43092,No. 1,43092,1
• Citation: 116 Ga.App. 528,157 S.E.2d 768
• Parties: Mrs. John HANSEN v. LIBERTY MUTUAL FIRE INSURANCE COMPANY
• Court: Georgia Court of Appeals

Page 768

157 S.E.2d 768

116 Ga.App. 528

Mrs. John HANSEN v. LIBERTY MUTUAL FIRE INSURANCE COMPANY.

No. 43092.

Court of Appeals of Georgia, Division No. 1.

Oct. 18, 1967.

Syllabus by the Court

The plaintiff insured was entitled to recover a maximum of $1,000 for medical expenses incurred and $3,000 for accidental death benefits under the policy; therefore, the court erred in rendering judgment for the plaintiff for only $2,000.

Mrs. John Hansen brought an action against Liberty Mutual Fire Insurance Co. to recover under the medical expense and accidental death benefit coverage of her deceased husband's 'automobile owners (insurance) policy.' The policy provided: 'The insurance afforded is only with respect to such of the following Parts or coverages as are indicated by specific premium charge or charges or by a statement that the coverage is in effect. The limit of the company's liability against each such coverage shall be as indicated herein, subject to all of the terms of the policy having reference thereto.' Part I provided coverage for medical expenses up to $1,000 for each person and accidental death benefits up to $1,000 for each named insured, plus liability and uninsured motorists insurance. The annual premiums under Part I for the three named owned automobiles were as follows: (1) $117.80 (1954 Ford), (2) $58.90 (1957 Ford), and (3) $53.20 (1963 Corvair). The policy contained the following provisions relating to the coverages claimed: 'Medical Expense Coverage. The company will pay all reasonable medical expense incurred within one year from the date of accident and sustained by (1) the named insured * * * (a) while occupying a non-owned automobile, * * * if such person has * * * the permission of the owner to use the automobile * * *, or (c) through being struck by a highway vehicle; * * * Accidental Death Benefit Coverage. The Company will pay the accidental death benefit stated in the declaration in the event of the death of the named insured which shall result directly and independently of all other causes from bodily injury (other than sickness or disease or death resulting therefrom), caused by accident and sustained by the named insured while occupying an automobile or through being struck by a highway vehicle, if death occurs within 90 days of the accident.' Under 'Limits of Liability,' the policy provides as follows: 'Regardless of the number of (1) persons or organizations who are insureds under the policy, (2) persons or organizations who sustain bodily injury or property damage, (3) claims made or suits brought on account of bodily injury or property damage, or (4) automobiles or trailers to which this policy applies, * * * (B) the limit for Medical Expense Coverage stated in the declarations as applicable to 'each person' is the limit of the company's liability for all medical expense incurred by or on behalf of each person who sustains bodily injury as the result of any one accident; * * *' (Emphasis supplied.) The parties stipulated that the defendant insurer was liable to the plaintiff under the medical expense and accidental death benefit coverages up to the limits of liability of the policy and that the sole issue was whether such limits are $3,000 for each of said coverages ($1,000 each on each one of the three named owned automobiles), as contended by the plaintiff, or merely $1,000 for each of the coverages, for a maximum total of...