Tolison v. Georgia Farm Bureau Mutual Insurance

Court of Appeals of Georgia

Tolison v. Georgia Farm Bureau Mutual Insurance

321 S.E.2d 222, 171 Ga. App. 558, 1984 Ga. App. LEXIS 2268

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1984

Docket66173

StatusPublished

This text of 321 S.E.2d 222 (Tolison v. Georgia Farm Bureau Mutual Insurance) 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.

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Tolison v. Georgia Farm Bureau Mutual Insurance, 321 S.E.2d 222, 171 Ga. App. 558, 1984 Ga. App. LEXIS 2268 (Ga. Ct. App. 1984).

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Opinion

McMurray, Chief Judge.

In Tolison v. Ga. Farm Bureau Mut. Ins. Co., 168 Ga. App. 187, 189 (308 SE2d 386), we reversed the trial court in holding that the defendant insurer was in substantial compliance with the statute (now OCGA § 33-34-5 (b), formerly Code Ann. § 56-3404b, as amended); that the plaintiff therein could not make retroactive application for increased coverage; and, that there was no fraud involved and the plaintiff was estopped from asserting the continuing offer for the increased amount of insurance. However, we affirmed the trial court in denying the plaintiff’s motion for partial summary judgment, in refusing to hold as a matter of law the plaintiff was entitled to receive personal injury benefits on a retroactive basis as issues for jury determination remained. The Supreme Court in Tolison v. Ga. Farm Bureau Mut. Ins. Co., 253 Ga. 97 (317 SE2d 185), in reviewing our opinion and judgment, in Case No. 40461 affirmed our judgment of reversal but in Case No. 40404 reversed our judgment of affirmance of the trial court in denying Tolison’s motion for partial summary judgment. Accordingly, we make the judgment of the Supreme Court in Tolison v. Ga. Farm Bureau Mut. Ins. Co., 253 Ga. 97, supra, our judgment after vacating our partial judgment of affirmance. The case must be reversed in its entirety and returned to the trial court.

Judgment reversed.

Birdsong and Benham, JJ., concur.

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McMurray, Chief Judge.

In Tolison v. Ga. Farm Bureau Mut. Ins. Co., 168 Ga. App. 187, 189 (308 SE2d 386), we reversed the trial court in holding that the defendant insurer was in substantial compliance with the statute (now OCGA § 33-34-5 (b), formerly Code Ann. § 56-3404b, as amended); that the plaintiff therein could not make retroactive application for increased coverage; and, that there was no fraud involved and the plaintiff was estopped from asserting the continuing offer for the increased amount of insurance. However, we affirmed the trial court in denying the plaintiff’s motion for partial summary judgment, in refusing to hold as a matter of law the plaintiff was entitled to receive personal injury benefits on a retroactive basis as issues for jury determination remained. The Supreme Court in Tolison v. Ga. Farm Bureau Mut. Ins. Co., 253 Ga. 97 (317 SE2d 185), in reviewing our opinion and judgment, in Case No. 40461 affirmed our judgment of reversal but in Case No. 40404 reversed our judgment of affirmance of the trial court in denying Tolison’s motion for partial summary judgment. Accordingly, we make the judgment of the Supreme Court in Tolison v. Ga. Farm Bureau Mut. Ins. Co., 253 Ga. 97, supra, our judgment after vacating our partial judgment of affirmance. The case must be reversed in its entirety and returned to the trial court.

Judgment reversed.

Birdsong and Benham, JJ., concur.

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321 S.E.2d 222, 171 Ga. App. 558, 1984 Ga. App. LEXIS 2268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolison-v-georgia-farm-bureau-mutual-insurance-gactapp-1984.

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