Home/Supreme Court of Georgia/UNIVERSAL SECURITY INSURANCE COMPANY v. Lowery

UNIVERSAL SECURITY INSURANCE COMPANY v. Lowery

359 S.E.2d 898, 257 Ga. 363, 1987 Ga. LEXIS 883
Supreme Court of Georgia·Decided September 9, 1987·No. 44505·Published·Cited by 16 cases

Opinion

Weltner, Justice.

We granted certiorari in Universal Security Ins. Co. v. Lowery, 182 Ga. App. 125 (354 SE2d 840) (1987), in order to consider the adequacy of corroboration required by OCGA § 33-7-11 (b) (2). The facts are set forth in the opinion of the Court of Appeals.

While the evidence here may be subject to credibility concerns, it is nonetheless sufficient. The statutory requirement in cases where there is no physical contact is “description by the claimant of how the occurrence occurred corroborated by an eyewitness to the occurrence other than the claimant.” If the General Assembly had intended to *364 require corroboration by a disinterested third party, it could have so specified.

Decided September 9, 1987. Lane, O’Brien & Coburn, Stanley A. Coburn, Stephen J. Caswell, for appellant. Lloyd W. Hoffspiegel, D. Glenn Brock, for appellee.

Judgment affirmed.

All the Justices concur.

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UNIVERSAL SECURITY INSURANCE COMPANY v. Lowery, 359 S.E.2d 898, 257 Ga. 363, 1987 Ga. LEXIS 883 (Ga. 1987).

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