Abrohams v. Atlantic Mutual Insurance Agency

638 S.E.2d 330, 282 Ga. App. 176, 2006 Fulton County D. Rep. 2771, 2006 Ga. App. LEXIS 1118
CourtCourt of Appeals of Georgia
DecidedAugust 31, 2006
DocketA06A1501
StatusPublished
Cited by20 cases

This text of 638 S.E.2d 330 (Abrohams v. Atlantic Mutual Insurance Agency) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abrohams v. Atlantic Mutual Insurance Agency, 638 S.E.2d 330, 282 Ga. App. 176, 2006 Fulton County D. Rep. 2771, 2006 Ga. App. LEXIS 1118 (Ga. Ct. App. 2006).

Opinions

Ruffin, Chief Judge.

Richard Abrohams and his minor son were injured in a motor vehicle collision with an underinsured motorist. After the collision, the Abrohams sought underinsured motorist (“UM”) benefits from Atlantic Mutual for injuries under both an automobile policy and an umbrella policy. Although the UM coverage provided by the automobile policy was not in dispute, Atlantic Mutual argued that the umbrella policy did not provide UM coverage. Atlantic Mutual filed a declaratory judgment action to resolve whether it was required to provide UM benefits to the Abrohams under their umbrella policy pursuant to OCGA § 33-7-11. Atlantic Mutual further maintained that even if the trial court concluded that OCGA§ 33-7-11 didrequire insurers to provide UM coverage in umbrella policies, the statute did not apply in this case because the Abrohams’ policy was a renewal policy. The Abrohams disagreed and filed a counterclaim for declaratory judgment. The trial court granted Atlantic Mutual’s motion for summary judgment and denied the Abrohams’ motion for summary judgment. The Abrohams appealed the trial court’s ruling. For reasons that follow, we reverse and remand.

To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.1 Our review of a grant of summary judgment is de novo, and we review the evidence and all reasonable conclusions and inferences drawn therefrom in a light most favorable to the nonmovant.2

The undisputed facts establish that Richard Abrohams and his minor son, David, were injured in an automobile collision on December 28, 2002. David Abrohams’ injuries are permanent in nature, and his resulting expenses currently total $250,000. The parties specifically stipulated that liability for the collision rested solely with the driver of the vehicle that collided with the Abrohams.

At the time of the collision, Richard and Barbara Abrohams were the named insureds under an Atlantic Mutual insurance policy comprised of a homeowners policy, an automobile liability policy, a valuables policy, and a personal umbrella policy. Richard and Barbara Abrohams’ claims arising out of the collision were resolved by a [177]*177settlement with the at-fault driver’s insurance company and a portion of the Abrohams’ UM coverage under their automobile policy. The parties stipulated that the value of David Abrohams’ claim resulting from the collision will exceed $1,450,000. Although David has received or will receive benefits from the at-fault driver’s insurance policy and proceeds from the UM coverage contained in his parents’ automobile liability policy, the value of his claim exceeds the limits of those policies.3

Thus, the Abrohams sought UM benefits from Atlantic Mutual under their umbrella policy. The umbrella policy provided $1 million in excess liability coverage and covered the Abrohams’ residence and two vehicles. The umbrella policy specifically excluded UM coverage, stating that “[w]e won’t pay for Uninsured/Underinsured Motorists coverage or No-Fault benefits unless such coverage is specifically shown on the Declarations Page as an Umbrella Coverage.” The Declarations Page does not list “Uninsured/Underinsured Motorists Coverage” as an Umbrella Coverage. Atlantic Mutual never offered UM coverage as part of the Abrohams’ umbrella policy, and the Abrohams never rejected such coverage.

1. As amended in 2001,4 OCGA § 33-7-11 (a) (1) provides that no “automobile liability policy or motor vehicle liability policy” may be issued in this state unless it contains provisions for UM coverage which, at the option of the insured, shall be (i) not less than $25,000 per person and $50,000 per accident, or (ii) equal to the policy’s bodily injury liability insurance coverage, if higher. The statute further provides that “the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability.”5 This coverage “shall not be applicable where any insured named in the policy shall reject the coverage in writing.”6

The Abrohams maintain that the UM statute requires that an umbrella policy provide UM coverage in an amount greater than or equal to the amount of their liability coverage, unless the insured rejects UM coverage in writing. The Abrohams thus argue that they are entitled to $1 million in UM coverage under their umbrella policy because they were never offered, nor did they reject, such coverage. Atlantic Mutual contended, and the trial court agreed, that OCGA [178]*178§ 33-7-11 does not apply to umbrella policies and, because the Abrohams’ umbrella policy specifically excluded UM coverage, the Abrohams did not have UM coverage under that policy at the time of the collision.

Thus, the resolution of this case turns on the narrow issue of whether an umbrella policy is subject to the requirements of OCGA § 33-7-11. “Uninsured motorist statutes are remedial in nature and must be broadly construed to accomplish the legislative purpose.”7 Moreover, statutes

should be read according to the natural and most obvious import of the language, without resorting to subtle and forced constructions, for the purpose of either limiting or extending their operation. In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning.8

“In construing a statute, the cardinal rule is to glean the intent of the legislature in the light of the legislative intent as found in the statute as a whole.”9

Although Georgia’s UM statute does not define “automobile liability” or “motor vehicle liability’ policies,10 Chapter 7 of the Georgia Insurance Code defines “vehicle insurance” as

insurance against loss of or damage to any land vehicle or aircraft, any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or therefrom from any hazard or cause, and against any loss, liability, or expense resulting from or incident to ownership, maintenance, or use of any such vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as a part of insurance on the vehicle, aircraft, or draft or riding animal; and provisions of medical, hospital, surgical, [179]*179and disability benefits to injured persons, funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.11

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Abrohams v. Atlantic Mutual Insurance Agency
638 S.E.2d 330 (Court of Appeals of Georgia, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
638 S.E.2d 330, 282 Ga. App. 176, 2006 Fulton County D. Rep. 2771, 2006 Ga. App. LEXIS 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrohams-v-atlantic-mutual-insurance-agency-gactapp-2006.