The General Assembly in 1963 passed an amendment to Code Ch. 56-4 (Ga. L. 1963, pp. 588-593). Section 56-407A (c) of this Act provided in part as follows: “No policy or contract of bodily injury liability insurance, or of property damage liability insurance, covering liability arising from the ownership, maintenance or use of any motor vehicle, shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle principally garaged or principally used in this State, unless it contains a provision insuring the person named therein and any other person, as insured, using any of those motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicles. . .” This provision of the 1963 Act was repealed by Ga. L. 1964, p. 306.
It is the contention of the appellants that Code § 56-407A (c), as it appeared in the 1963 Act, declared the public policy of the State, at the time of the accident on November 1, 1963, to be that no insurer could issue a policy of motor vehicle liability insurance which did not insure any person using the motor vehicle insured with the express or implied permission of the insured, and that the exclusion endorsement attached to the insurance policy which is the subject matter of the present action was contrary to public policy and void.
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Existing and. valid statutory provisions enter into and form a part of all contracts of insurance to which they are applicable, and in case of conflict between the policy and the statutory provisions, the latter control.
Employers Liability Assurance Corp. v. Hunter,
The purpose of this constitutional provision is “to protect the people against covert or surprise legislation.”
Blair v. State,
When the caption of an amendatory Act specifically limits the matters to be included in the amendment, and there is inserted in the body of the Act a completely unrelated provision of which the title gives no intimation, the constitutional prohibition against the passage of a law which “contains matter different from what is expressed in the title thereof”
(Code Ann.
§ 2-1908) is violated.
McDuffie v. State,
“ ‘Insurance contracts are governed by the same rules of construction or interpretation, for the purpose of ascertaining the intention of the parties, as apply to other contracts.
Code
§ 56-815;
Golden v. National Life & Accident Insurance Co.,
It is not disputed that the insurance policy issued by the plaintiff to Gerardo Otero contained an exclusion endorsement which provided that the plaintiff would not be liable for any accident occurring while the two named sons of Gerardo Otero were driving the automobiles insured, and the insured received a reduction in the cost of his policy because of this exclusion provision. The trial judge did not err in granting the summary judgment in favor of the plaintiff, holding that it was not liable for any damages which might be recovered against Gerardo Otero by reason of the accident of November 1, 1963, which occurred while his son Gerardo Otero, Jr., was driving his automobile.
Since by the unambiguous terms of the insurance contract between the plaintiff and Gerardo Otero no protection was afforded Gerardo Otero while his son, Gerardo Otero, Jr., was driving the automobiles insured, it would not be material on the question of the liability of the plaintiff whether or not at the time of the accident on November 1, 1963, an emergency situation existed requiring Gerardo Otero, Jr., to drive for his father, or Gerardo *809 Otero directed the manner in which his son drove, or made his son his agent in driving the insured automobile.
Judgment affirmed.