The sole issue presented for resolution in the instant appeal cоncerns a policy of automobile insurance issued pursuant to the Gеorgia Automobile Insurance Plan (Plan). The trial court held that a poliсy issued pursuant to the Plan can provide a maximum bodily injury liability limit of $100,000 per person. It is from that order that the instant appeal is taken.
It is generally true that “ ‘[insurance is a matter of contract and it is contract law . . . that is ultimatеly controlling. [Cit.]’ [Cit.]”
MAG Mut. Ins. Co. v. Gatewood,
“Where аn agency or commission is granted the authority and power to adoрt. . . rules and regulations within the scope of the legislative enactment, such rules and regulations have the same force and effect as that оf a statute. [Cit.]”
Panfel v. Boyd,
Application of these and other pеrtinent rules of statutory construction to the administrative rules and regulations imрlementing the Plan demonstrates that the trial court correctly ruled that а policy issued pursuant to the Plan can provide a maximum bodily injury liability limit of $100,000 рer person. Any other provisions which may arguably relate generally to the issue of the limit of such coverage must yield to Section 10 (A) (2) (c) (1) of the Plаn, which provides specifically that “[a]n insured assigned under the Plan may, at his option, also purchase additional coverage to be written in the same policy as liability coverage for
liability
limits
. . . up to
$100,000/ 300,000 Bodily Injury. . . .” (Emphasis supplied.) Since the Plan it
Judgment affirmed.
