Godfrey v. Georgia Interlocal Risk Management Agency
290 Ga. 211
| Ga. | 2011Background
- Godfrey, a City of Newnan police officer, was injured in a collision with Henderson who had $25,000 liability coverage.
- Godfrey and spouse sued Henderson and served GIRMA to notify it might owe uninsured motorist (UM) coverage under OCGA § 33-7-11.
- Godfrey obtained a declaratory judgment against GIRMA asserting GIRMA’s Agreement required UM/UIM if treated as an insurer.
- Trial court held GIRMA’s coverage, under the interlocal agreement, functioned like an insurance policy for OCGA § 33-7-11 purposes.
- Court of Appeals reversed, recognizing GIRMA is not an insurer and thus not bound by § 33-7-11 requirements; Supreme Court affirmed.
- GIRMA’s obligations are governed by sovereign-immunity framework and statutory limits, not private motor vehicle insurance provisions; Henderson’s insurer tendered policy limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GIRMA’s interlocal coverage is subject to UM requirements. | Godfrey argues GIRMA is an insurer and must offer UM protection. | GIRMA is not an insurer; § 33-7-11 does not apply. | No; GIRMA not subject to UM requirements. |
| Does sovereign immunity waivers allow applying § 33-7-11 to GIRMA? | Godfrey contends waiver via GIRMA permits UM obligations. | Waiver is limited to purchasing liability insurance; not applying UM rules. | Sovereign-immunity framework governs; UM rules do not apply. |
| Does Twyman v. Robinson compel applying UM protections to GIRMA? | Twyman treats self-insurance similarly to private self-insurance plans. | GIRMA operates under different statutory authority; no requirement to mirror private self-insurance. | Twyman does not alter result; not applicable to GIRMA here. |
Key Cases Cited
- Flewellen v. Atlanta Casualty Co., 250 Ga. 709 (1983) (UM coverage applicable where insurer; insurer-equivalent entities subject to § 33-7-11 limits)
- CSX Transp. v. City of Garden City, 277 Ga. 248 (2003) (waiver of sovereign immunity via purchase of liability insurance; extent of coverage)
- Gilbert v. Richardson, 264 Ga. 744 (1994) (sovereign immunity waived to extent of available insurance; GIRMA context)
- Hiers v. City of Barwick, 262 Ga. 129 (1992) (sovereign immunity waived to extent of insurance; insurance-like coverage)
- Twyman v. Robinson, 255 Ga. 711 (1986) (private self-insurance plans; self-insurance treated as policy for § 33-7-11)