Chattanooga Truck Parts of North Georgia, Inc. v. Roberts
Chattanooga Truck Parts of North Georgia, Inc. v. Roberts
Opinion of the Court
We granted an application for discretionary appeal in this workers’ compensation case to consider the appellant-insurer’s contention that another insurance carrier should be held jointly liable with it for the award of benefits to the claimant.
The claimant sustained a compensable injury on September 26, 1985. Appellant United States Fidelity & Guaranty Company (USF&G) appeared at the initial hearing on the claim and during this hearing stipulated that it had been the employer’s workers’ compensation insurance carrier at the time of the injury. However, after the claimant was awarded benefits by the administrative law judge, USF&G discovered that its insurance coverage had in fact terminated on September 22, 1985, four days prior to the injury, and that a new carrier, Bituminous Casualty Company, had assumed the risk of that date. USF&G accordingly sought a de novo review of the coverage issue by the board. Relying on Food Giant v. Brown, 174 Ga. App. 485 (330 SE2d 183) (1985), the board found USF&G’s prior stipulation of coverage to be conclusive on that issue; and that ruling was affirmed by the superior court. On appeal to this court, USF&G concedes that it is bound by its prior stipulation of coverage but argues that Bituminous Casualty may nevertheless be held jointly liable with it for payment of the claim. Held:
As evidence that another insurer was providing joint coverage at the time of the accident would not contradict USF&G’s prior stipula
Judgment reversed and case remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.