294 Ga. 477
Ga.2014Background
- In 2010, Kunz received medical treatment at Athens Regional Medical Center after a car crash with Geico’s insureds, and hospital liens totaling $66,999.22 were filed.
- Kunz later settled with the Kalishes for $100,000, with the settlement documents including a general release and a requirement to satisfy liens from the settlement funds.
- The hospital liens were not satisfied after the settlement and release were executed.
- In June 2011, hospital counsel notified Geico about the liens and acknowledged the September 22, 2010 settlement between Geico and Kunz.
- Geico filed a motion for summary judgment arguing the action to enforce the liens was untimely under OCGA § 44-14-473(a); the trial court denied, and the Court of Appeals granted interlocutory review.
- The central issue was whether the one-year limitation period started from the September 2010 settlement or from the October 8, 2010 release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the one-year period begin? | Hospitals: begins from execution of release (Oct. 8, 2010). | Geico: begins from the settlement date (Sept. 10, 2010). | Period begins Oct. 8, 2010; judgment reversed. |
Key Cases Cited
- Geico Gen. Ins. Co. v. Hosp. Auth. of Clarke County, 319 Ga. App. 741 (Ga. Ct. App. 2013) (origin of the one-year limit under OCGA 44-14-473(a))
- Herring v. Dunning, 213 Ga. App. 695 (Ga. Ct. App. 1994) (enforcement of settlements without formal release; letters may memorialize terms)