Adams v. State Farm Mutual Automobile Insurance Co.

679 S.E.2d 726, 298 Ga. App. 249, 2009 Fulton County D. Rep. 1444, 2009 Ga. App. LEXIS 460
CourtCourt of Appeals of Georgia
DecidedApril 14, 2009
DocketA08A2315
StatusPublished
Cited by7 cases

This text of 679 S.E.2d 726 (Adams v. State Farm Mutual Automobile Insurance Co.) 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
Adams v. State Farm Mutual Automobile Insurance Co., 679 S.E.2d 726, 298 Ga. App. 249, 2009 Fulton County D. Rep. 1444, 2009 Ga. App. LEXIS 460 (Ga. Ct. App. 2009).

Opinions

Barnes, Judge.

This appeal addresses the amount State Farm Mutual Automobile Insurance Company owes in uninsured motorist benefits to Randolph Adams, a State Farm insured who was seriously injured in a car wreck. The facts are undisputed. Adams sued the tortfeasor to recover for injuries sustained in the car wreck. During the course of the underlying litigation, Nationwide Insurance Company, the tort-feasor’s automobile liability insurer, made two payments that exhausted its $25,000 policy limits: (1) payment in the amount of $9,217.66 to Grady Hospital to compromise its hospital lien for medical services provided to Adams, and (2) payment in the amount of $15,782.34 to Adams for a limited release.

Adams then sought additional compensation for his injuries under his insurance policy with State Farm, which provided him with $100,000 uninsured motorist coverage. A dispute arose, however, over the amount of State Farm’s coverage available. State Farm contended it should be able to set off or take credit for the entire $25,000 that Nationwide paid as its total liability coverage, but Adams contended that State Farm should only get credit for the $15,782.34 paid to him personally, and not the $9,217.66 paid by Nationwide directly to Grady Hospital to satisfy its lien.

After both parties filed motions for summary judgment, the trial court denied Adams’ motion and granted State Farm’s motion, allowing State Farm credit for the entire $25,000 paid by Nationwide. The trial court found that State Farm was entitled to set off from its $100,000 uninsured motorist coverage the full $25,000 paid from the tortfeasor’s liability policy. The court held that Adams’ election to voluntarily divert part of the $25,000 liability payment to [250]*250Grady Hospital to satisfy his hospital bill did not reduce the available liability coverage below $25,000 or increase his uninsured motorist coverage.

On appeal, Adams contends the trial court erred by granting summary judgment to State Farm and by denying his motion for summary judgment. We agree and thus must reverse the trial court.

1. In Georgia,

[t]he standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). When a trial court rules on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. On appeal of the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Further, contract disputes are particularly well suited for adjudication by summary judgment because construction of contracts is ordinarily a matter of law for the court.

(Citations omitted.) Overton Apparel v. Russell Corp., 264 Ga. App. 306, 307-308 (1) (590 SE2d 260) (2003). Insurance in Georgia is a matter of contract, Hurst v. Grange Mut. Cas. Co., 266 Ga. 712, 716 (4) (470 SE2d 659) (1996), and the interpretation of a statute is a question of law for the trial court, which is reviewed de novo on appeal. Joe Ray Bonding Co. v. State of Ga., 284 Ga. App. 687, 688 (644 SE2d 501) (2007).

2. Both parties agree that this case is controlled by OCGA § 33-7-11 (b) (1) (D) (ii), which defines an uninsured motor vehicle as one in which the tortfeasor has liability insurance but the “available coverages” are “less than the limits of the uninsured motorist coverage provided under the insured’s insurance policy.” We note that this statute was substantially amended in 2008, but those amendments do not apply in this case.

The statute defines “available coverages” as the policy limits “less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage.” OCGA § 33-7-11 (b) (1) (D) (ii). The question before us is whether the payment made by the tortfeasor’s liability insurer to Grady Hospital to satisfy the hospital lien for services provided to Adams constituted, “payment of other claims or otherwise,” thereby reducing the “maximum amounts payable under [the] limits of coverage.”

[251]*251A cardinal rule of statutory construction is that “the courts shall look diligently for the intention of the General Assembly.” OCGA § 1-3-1 (a). Once the legislative intent is discerned, courts should never construe the language employed in a statute to render the purpose of the General Assembly futile, unenforceable, or ineffectual. See Bd. of Trustees &c. v. Christy, 246 Ga. 553, 554 (1) (272 SE2d 288) (1980), overruled in part on other grounds, Mayor &c. of Savannah v. Stevens, 278 Ga. 166, 167-168 (2) (598 SE2d 456) (2004). Rather, language must be given a reasonable and sensible interpretation in order to carry out legislative intent. See Mayor &c., City of Hapeville v. Anderson, 246 Ga. 786, 787 (272 SE2d 713) (1980). Additionally, a statute should be read according to its natural and most obvious import of the language without resorting to subtle and forced constructions for the purpose of either limiting or extending its operation. Burbridge v. Hensley, 194 Ga. App. 523, 524 (1) (391 SE2d 5) (1990), and this court will not construe a statute so as to render any portion of it meaningless. Sikes v. State, 268 Ga. 19, 21 (2) (485 SE2d 206) (1997). Unless they are words of art, words are given their ordinary signification. OCGA § 1-3-1 (b).

In this case we must determine whether “other claims or otherwise” includes the payment made directly to Grady Hospital. We first note that “[t]he natural meaning of ‘or,’ where used as a connective, is to mark an alternative and present choice, implying an election to do one of two things.” (Citation and punctuation omitted.) Gearinger v. Lee, 266 Ga. 167, 169 (2) (465 SE2d 440) (1996). Thus, “or” otherwise clearly does not limit this phrase to just “other claims.” As we must give all the words of a statute due weight and meaning, Falligant v. Barrow, 133 Ga. 87, 92 (65 SE 149) (1909), we cannot disregard the word “otherwise.” “Otherwise” is defined in The American Heritage Dictionary (3d College ed. 2000) as “[i]n another way; differently; under other circumstances; in other respects; other than supposed; different,” and in Black’s Law Dictionary (6th ed.) as “[i]n a different manner; in another way, or in other ways.”

We find that Thurman v. State Farm &c. Ins. Co., 278 Ga. 162 (598 SE2d 448) (2004), and Toomer v. Allstate Ins. Co., 292 Ga. App. 60 (663 SE2d 763) (2008), control the disposition of this appeal. In Thurman, our Supreme Court reversed this court’s holding in Thurman v. State Farm &c. Ins. Co., 260 Ga. App. 338 (579 SE2d 746) (2003), that a federal subrogation claim was not an “other claim” as defined in OCGA § 33-7-11 (b) (1) (D) (ii) and held:

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Bluebook (online)
679 S.E.2d 726, 298 Ga. App. 249, 2009 Fulton County D. Rep. 1444, 2009 Ga. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-farm-mutual-automobile-insurance-co-gactapp-2009.