Knight v. Shelby Mut. Ins. Co.
| Decision Date | 16 July 1964 |
| Docket Number | No. 40792,No. 1,40792,1 |
| Citation | 137 S.E.2d 925,110 Ga.App. 149 |
| Parties | Albert C. KNIGHT v. SHELBY MUTUAL INSURANCE COMPANY |
| Court | Georgia Court of Appeals |
A. J. Whitehurst, Thomasville, for plaintiff in error.
Perry, Walters & Langstaff, S. B. Lippitt, Jr., Albany, for defendant in error.
Syllabus Opinion by the Court
1. (Acts 1922, pp. 185, 186; 1937, pp. 528, 530; United States Casualty Company v. Watkins, 211 Ga. 619, 88 S.E.2d 20.) Code Ann. § 114-403. While this section does not expressly authorize or provide for an action by the employer or insurance carrier against the employee to recover reimbursement from the employee, (who has recovered by judgment in a separate suit against the third party tortfeasor) up to the amount paid to the employee under the Workmen's Compensation Act, the employer or insurance carrier, because of the equities created under the terms of the above section, is in equity and good conscience entitled to recover as for money had and received for such reimbursement. Branch & Howard v. Georgia Casualty Co., 39 Ga.App. 319, 323, 147 S.E. 144; Travelers Insurance Co. v. Luckey, 46 Ga.App. 593, 167 S.E. 907; Travelers Ins. Co. v. Georgia Power Co., 51 Ga.App. 579(1c), 181 S.E. 111; Williams Bros. Lumber Co. v. Meisel, 85 Ga.App. 72, 74, 68 S.E.2d 384.
2. While in cases of automobile collisions between two parties, both of whom suffer damage, and one of the parties, upon payment of a monetary consideration secures a release from the other, the release constitutes a...
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...for money had and received under Code § 3-706, for we have held that this is a basis for enforcing the right. Knight v. Shelby Mutual Ins. Co., 110 Ga.App. 149, 137 S.E.2d 925. See also Travelers' Ins. Co. v. Georgia Power Co., 51 Ga.App. 579 (1c), 181 S.E. 111. Thus, an action brought with......
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...v. Ga. Casualty Co., 158 Ga. 613, 123 S.E. 897; Aetna Life Ins. Co. v. Davis, 172 Ga. 258, 157 S.E. 449; Knight v. Shelby Mutual Ins. Co., 110 Ga.App. 149(1), 137 S.E.2d 925. 3. The State Board of Workmen's Compensation having determined that all parties received notice of the subrogation r......
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Wise v. American Cas. Co. of Reading, Pa., 43434
...In effect, reimbursement to the employer was made, not by plaintiff, but by the tortfeasor. See Code § 114-403; Knight v. Shelby Mut. Ins. Co., 110 Ga.App. 149(1), 137 S.E.2d 925. Thus plaintiff never lost the protection of the Act. There is no merit in plaintiff's contention that reimburse......
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...J., and Whitman, J., concur. 1 Southern R. Co. v. Overnite Transportation Co., 223 Ga. 825 (158 SE2d 387) and Knight v. Shelby Mut. Ins. Co., 110 Ga. App. 149 (1) (137 SE2d 925) are not in point, since in Southern the notices were sent as required by the present statute and in Knight no not......