Georgia Court Prevents Auto Insurance Stacking: Truck and GA Automobile Insurance in Georgia

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Georgia Court Prevents Auto Insurance Stacking

Georgia Supreme Court ruled 2 days ago that a Senate member is not allowed to stack Georgia automobile insurance policies with an vehicle insurance giant because the contract was not registered under his nickname. A local court initially came up with the determination but it was overturned by CA when the Senator filed for an request.

The high court declaration is a reversal of a previous lower court accord in an auto insurance case which fault Georgia Senator Cecil Staton & State Farm Insurance in GA province.

In a 5-to-2 decision ready by Justice Hugh P. Thompson, the altitudinous court concluded that the Court of Appeals imaginary errors last year when it ruled that Staton was entitled to stack the uninsured driver coverage from his employer’s insurance coverages. It would have covered motors that were not fault in the car accident which caused him severe injuries.

In 2003, Staton busy in a vehicle collision while motoring a vehicle owned by his employer, Smyth & Helwys Publishing, Inc. The mobile, insured by State Farm, was registered to under the georgian agency’s name. The GA court false it clear that it was not insured under Staton’s reputation, who was an officer & major shareholder for the automobile insurance company in Georgia.

Notes from State Farm communicate that Smyth & Helwys owned 2 other vehicles which are insured separately by the twin provider. State Farm documents also show that Smyth & Helwys, & only Smyth & Helwys, was the insured crowd under the declaration pages. Every policy holds $100,000 in uninsured driver (UM) coverage. This part of Georgia automobile insurance covers motorists who are either uninsured or underinsured. Staton wanted to stack 3 coverages to acquire $300,000 in claims.

Community trial court side with Province Farm saying Staton was apart entitled to coverage worth $100,000. But, Staton appealed and the Court of Appeals (CA) sided with him. It declared that the “nickname insured” on State Farm’s contract is ambiguous, and for this cause CA says the Senator has the exactly to expect coverage. CA further province that Staton had fair expectations regarding the stacking of the coverages.

But Supreme Court overturned CA’s end saying that the “named insured” signal and the auto insurance coverages were not ambiguous. It maintains that Smyth & Helwys alone is the insured collection covered by the policy. Evenness Thompson says they can’t accept CA’s reasoning which says the contract was ambiguous because it did not term a specific person. Instead, it nickname the publishing company, which a firm. Supreme Court ruled that “named insured” does not necessarily keep to be a human being.

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Georgia Court Prevents Auto Insurance Stacking
Georgia Court Prevents Auto Insurance Stacking

Category GA Automobile Insurance in Georgia

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