Schwartz v. Black

• Decision Date: 16 July 1991
• Docket Number: No. A91A0430,A91A0430
• Citation: 200 Ga.App. 735,409 S.E.2d 681
• Parties: SCHWARTZ, et al. v. BLACK, et al.
• Court: Georgia Court of Appeals

Page 681

409 S.E.2d 681

200 Ga.App. 735

SCHWARTZ, et al. v. BLACK, et al.

No. A91A0430.

Court of Appeals of Georgia.

July 16, 1991.

Reconsideration Denied July 30, 1991.

Certiorari Denied Sept. 6, 1991.

William Q. Bird, P.C., William Q. Bird, Edward R. Still, Atlanta, for appellants.

Swift, Currie, McGhee & Hiers, James T. McDonald, Jr., Atlanta, for appellees.

CARLEY, Judge.

The sole issue presented for resolution in the instant appeal concerns a policy of automobile insurance issued pursuant to the Georgia Automobile Insurance Plan (Plan). The trial court held that a policy issued pursuant to the Plan can provide a maximum bodily injury liability limit of $100,000 per person. It is from that order that the instant appeal is taken.

It is generally true that " '[i]nsurance is a matter of contract and it is contract law ... that is ultimately controlling. [Cit.]' [Cit.]" MAG Mut. Ins. Co. v. Gatewood, 186 Ga.App. 169, 173(1), 367 S.E.2d 63 (1988). However, " '[t]he rights of participants in the assigned risk plan for automobile liability insurance are controlled primarily by [OCGA § 40-9-100] and regulations promulgated in implementation thereof.' [Cit.]" Employers Commercial Union Cos. v. Waldrop, 124 Ga.App. 746, 749(2), 186 S.E.2d 134 (1971). "Accordingly, if there be any conflict in [general contract and insurance law] and the specific requirements of the assigned risk plan, the latter requirements are controlling as to an application under the assigned risk plan and a policy of liability insurance issued pursuant thereto." State Farm, etc., Ins. Co. v. Reese, 116 Ga.App. 59, 60(1), 156 S.E.2d 529 (1967). "[I]nsurance coverage under the assigned risk plan is not the subject of normal negotiations between contracting parties, but is made effective by operation of law to serve the best interests of the general public. [Cit.]" Rondale Bus Svc. v. American Cas. Co. of Reading, 189 ga.app. 869, 871(1), 377 S.E.2d 726 (1989). Accordingly, the first issue to be resolved is whether the Plan specifies a maximum bodily injury liability limit of only $100,000 per person, for, if it does, then that maximum limit as specified in the Plan is controlling.

"Where an agency or commission is granted the authority and power to adopt ... rules and regulations within the scope of the legislative enactment, such rules and regulations have the same force and effect as that of a statute. [Cit.]" Panfel v. Boyd, 187 Ga.App. 639, 643(2b), 371 S.E.2d 222 (1988). "Accordingly, [in construing the administrative rules and regulations implementing the Plan] we may look to various rules of statutory interpretation...." Cross v. Balkcom, 102 Ga.App. 81, 83, 115 S.E.2d 783 (1960), rev'd on other grounds, 216 Ga. 530, 118 S.E.2d 185 (1961). See also American Med. Intl. v. Charter Lake Hosp., 186 Ga.App. 204, 207(2), 366 S.E.2d 795 (1988). Among those rules of statutory construction is the following: " 'Where a particular expression in one part of a statute is not so extensive or large in its import as other expressions in the same statute, it must yield to the larger and more extensive expression, where the latter embodies the real intent of the legislature ...' [Cit.]" Board of Trustees, etc., of Atlanta v. Christy, 246 Ga. 553, 555(1), 272 S.E.2d 288 (1980). Another rule of statutory construction is that which provides that " '[w]here there is in the same statute a specific provision, and also a general one which in its most comprehensive sense would include matters embraced in the former, the particular provision must control, and the general provision must be taken to affect only such cases within its general language as are not...