The trial court granted summary judgment to Integon Indemnity Corporation (Integon) in a declaratory judgment action involving coverage of one of the company’s insureds. The Court of Appeals reversed.
Canal Ins. Co. v. Integon Indem. Corp.,
On March 12, 1982, Stag, Inc., a used car dealer, gave Cynthia Robinson permission to drive a Dodge Omni off its sales lot. The Omni collided with a vehicle driven by Nellie Williamson. Williamson and her passengers were injured and filed lawsuits against Robinson.
Stag’s Omni was insured by Canal Insurance Company (Canal). Robinson owned a Ford, which was insured by Integon. Robinson’s policy with Integon limited coverage to vehicles owned by Robinson or temporary substitutes used while Robinson’s vehicle was being repaired. At the time of Robinson’s collision, her husband was using their Ford.
In February 1984, Integon filed a declaratory judgment action seeking a declaration of no coverage under its policy in the pending suits. Canal counterclaimed asking that Integon be declared the primary insurance carrier pursuant to OCGA § 33-34-3 (e). The trial court granted Integon’s motion for summary judgment.
The Court of Appeals reversed, and we granted certiorari to determine whether the limited coverage provided by the policy issued to Robinson by Integon meets minimum coverages required by the Georgia Code.
Both Integon and Canal agree that if Integon’s policy provides coverage for Robinson’s involvement in the accident in question, then Integon is the primary liability carrier pursuant to OCGA § 33-34-3 (e). But Integon argues that its policy does not cover Robinson as an operator of a vehicle neither owned by Robinson nor a temporary substitute.
Canal argues that the provisions in Integon’s policy limiting coverage to vehicles owned by her or temporary substitutes is void as a matter of public policy. Canal contends that such provisions thwart the policy behind compulsory liability insurance laws that accident victims will have access to insurance funds to satisfy their judgments. Canal cites for support
Cotton States Mut. Ins. Co. v. Neese,
We have held that the advent of compulsory motor vehicle liability insurance in Georgia established a public policy of providing that
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innocent persons who are injured should have an adequate recourse for the recovery of their damages. See
Cotton States Mut. Ins. Co. v. Neese,
supra at 338;
Anderson v. Southeastern Fidelity Ins. Co.,
The real dispute in the instant case involves the legislature’s method for implementing this public policy. Canal argues that to assure all accident victims have access to adequate resources to satisfy their judgments, coverages in automobile liability insurance policies should as a matter of law apply to the insureds no matter who owns the vehicle being driven by the insured. Integon, on the other hand, argues the state’s compulsory insurance laws require only that the owner of each vehicle insure the vehicle to the statutory minimum coverages for insured motor vehicles listed in the policy. Any coverage of the insured while driving a vehicle owned by another is a matter of negotiation between the insurer and the insured, Integon contends.
Expressions of the legislature through statutes are conclusive on the question of public policy; and courts cannot declare agreements or acts authorized by statute to be contrary to public policy.
Greenwood Cemetery v. Travelers &c. Co.,
The legislature in OCGA § 33-34-4 (a) provided what minimum coverages are required: “(a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage: (1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of the state; . . .”
Reduced to its basic elements, OCGA § 33-34-4 (a) (1) provides: “No owner ... or any other person . . . shall operate . . . the motor vehicle unless the owner has insurance . . . equivalent to that required . . . under the motor vehicle safety responsibility laws of the state.” (Emphasis supplied.)
Statutes should be read according to the natural and most obvious import of the language, without resorting to subtle and forced constructions, for the purpose of either limiting or extending their operation. See
Earth Management v. Heard County,
Furthermore, the legislature apparently contemplated insurance policies which might either limit coverage to vehicles listed in the insured’s policies or extend to the insured no matter whose vehicle was being driven. For instance, in OCGA § 40-9-34 (2), the code provides that the security and suspension requirements for bodily injury and property damage liability listed in the code need not apply: “To the operator, if he is not the owner of the vehicle involved in the accident but there was in effect at the time of the accident an automobile liability policy with respect to his driving of vehicles not owned by him which provided him with liability coverage if the operator of the motor vehicle is involved in such accident; . . . .” (Emphasis supplied.) This language envisions policies which afford the extended coverage and polices which do not.
We find that Integon’s policy met the minimum coverages required by the Georgia Code. Since it did not provide coverage for the collision in question, it cannot be held to be primary coverage pursuant to OCGA § 33-34-3 (e). The trial court did not err in granting Integon’s motion for summary judgment.
Judgment reversed.