When is a Georgia Insurer Not Liable for Accident Coverage Under an Umbrella Policy?

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Auto Accident

Many Georgia residents take out umbrella policies to provide liability coverage above  and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in lost wages and medical expenses, and the other driver’s policy only has a $250,000 limit, an umbrella policy can make up that difference.

Government Employees Insurance Company v. Gordon

Of course, that assumes that the company that issued the umbrella policy does not attempt to disclaim coverage. As we know all too well, insurers will never hesitate to try and avoid paying when they can. Here is a recent federal case involving the application of Georgia law in which a court addressed an insurance company’s attempt to avoid its obligations.

The underlying facts are fairly straightforward. A driver and passenger were traveling in a rental car in Costa Rica. There was an accident, which killed the driver and seriously injured the passenger.

The driver had purchased an insurance policy for the rental car from a Costa Rican company. Separately, he held an umbrella policy from an American insurer. The umbrella policy expressly covered the driver and his spouse, provided the automobile in use was “insured by a primary auto policy.”

The umbrella carrier argued the Costa Rican policy did not qualify as “primary insurance” and it was therefore not liable for coverage of the accident. A federal judge in Georgia accepted this argument, but the U.S. 11th Circuit Court of Appeals in Atlanta reversed that decision.

As the 11th Circuit explained, the terms “primary insurance” and “primary auto policy” are both used in the umbrella policy at different points. While the trial judge assumed these terms were interchangeable, the appeals court said they were not. Indeed, the term “primary auto policy” is “undefined” in the umbrella policy, and the Costa Rican policy did not say one way or the other whether it constituted a primary auto policy. Given this “ambiguity,” the 11th Circuit said that Georgia law required interpreting the umbrella policy in a manner favoring coverage. In other words, when an insurance company drafts a policy with ambiguous language, the ambiguity must be resolved in favor of the policyholder–something the trial judge failed to do in this case.

The way to solve this problem, according to the appeals court, is to look at the “usual and common signification” of the ambiguous term in question. The Court noted that “primary insurance” was “defined as one that ‘provides the first layer of coverage and attaches immediately upon the happening of an occurrence or when a claim is made.’” That does not directly answer the question of what constitutes a “primary auto policy.” The 11th Circuit left it to the trial court to make that determination, with the admonition that it could not rely solely on the definition of “primary insurance” when defining “primary auto policy.”

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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