Wilson v. Automobile Insurance
293 Ga. 251
| Ga. | 2013Background
- Travelers issued a personal umbrella policy to Louis and Betty Wilson in Nov. 2001; under GA law, UM coverage is required in umbrella policies unless rejected in writing; since the Wilsons did not reject, UM coverage was implied by operation of law into the original policy; the policy renews annually; the 2008 GA amendment exempted umbrella policies from mandatory UM coverage for renewals after Jan. 1, 2009; the Wilsons renewed in Nov. 2009, making the amendment applicable to their renewal; in Oct. 2010 Louis Wilson was injured and the Wilsons claimed UM benefits, leading to certified questions to the Georgia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the offer/rejection requirement apply to umbrella policies renewed after Jan. 1, 2009? | Wilson seeks application of the 2009 amendment. | Travelers argues no UM requirement for umbrella upon renewal after 2009. | No, the requirement does not apply. |
| Does OCGA § 33-7-11(b)(1)(D)(ii)(III) notice apply to umbrella policies? | Wilsons rely on notice for traditional auto policies. | Travelers contends the notice provision targets standard policies, not umbrella policies. | No, notice requirement does not apply to umbrella policies. |
Key Cases Cited
- Abrohams v. Atlantic Mut. Ins. Agency, 282 Ga. App. 176 (Ga. Ct. App. 2006) (umbrella policies implied coverage when not rejected under prior law)
- Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (Ga. 1983) (statutory grafting of required provisions when not in compliance with the Insurance Code)