United Services Auto Ass'n v. Logue, 43470
| Decision Date | 03 April 1968 |
| Docket Number | No. 43470,No. 2,43470,2 |
| Citation | 162 S.E.2d 12,117 Ga.App. 717 |
| Parties | UNITED SERVICES AUTOMOBILE ASSOCIATION v. Lewis M. LOGUE, by Next Friend |
| Court | Georgia Court of Appeals |
Syllabus by the Court
An automobile liability insurer has no right to intervene in an action by the insured against an uninsured motorist unless the insurer concedes that it would be obligated, within the limits of the uninsured motorist coverage, to pay any judgment obtained against the defendant.
Lewis McLeod Logue, by next friend, brought this suit to recover against a negligent tortfeasor for personal injuries sustained in a collision of two automobiles. No defensive pleadings were filed within the time provided by law. After the case went into default, plaintiff-appellee made a motion showing that defendant's automobile liability insurer had become insolvent and therefore defendant was an uninsured motorist, and that appellant, United Services Automobile Association, had issued an automobile liability policy providing uninsured motorist coverage as to plaintiff. With plaintiff's consent the court then ordered that the default be opened, that copies of the petition be served on appellant, and that the time for filing defensive pleadings be extended so that appellant might apply for intervention. Appellant thereafter filed a motion to intervene. The motion averred that the policy did provide uninsured motorist coverage as to plaintiff, but did not concede that defendant was an uninsured motorist. Instead, it sought a judicial determination of the latter issue and sought to avoid the coverage by reason of plaintiff's breach of certain conditions stated in the policy. The applicant for intervention took this appeal from the judgment of the trial court sustaining plaintiff's motion to strike the motion to intervene.
Woodruff, Savell, Lane & Williams, Edward L. Savell, Ronald L. Davis, Atlanta, for appellant.
Bryan, Carter, Ansley & Smith, M. D. McLendon, Shepard B. Ansley, Atlanta, for appellee.
In State Farm Mut. Auto. Ins. Co. v. Glover, 113 Ga.App. 815, 820, 149 S.E.2d 852, 856, this court held: 'It would seem that the General Assembly intended that an insurance company in affording the (uninsured motorist) protection to an insured would have a right to take whatever legal steps were necessary and fitting to see to it that the court trying the action against an uninsured motorist, first, had jurisdiction of the case and the person of the uninsured motorist, and second, to insure that the judgment against the uninsured motorist was not in default, and to insure that the judgment was rendered on legal and sufficient evidence.' And in Continental Ins. Co. v. Smith, 115 Ga.App. 677, 669-670, 155 S.E.2d 713, 715, we held: ...
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