Superior Insurance v. Whitlow
Superior Insurance v. Whitlow
Opinion of the Court
Wayne C. Whitlow, as executor of the estate of Mary Shepard, brought suit against Superior Insurance Company to recover no fault funeral benefits under a policy of automobile insurance issued to his decedent’s husband. The trial court denied the insurance company’s motion for summary judgment but certified the order for immediate review, and we granted the interlocutory appeal.
The record reveals that Mary Shepard died in a collision while a passenger in an automobile owned and driven by Virginia Huguley. The Huguley car was insured by Georgia Farm Bureau Mutual Insurance Company under a policy providing the basic PIP coverage required by OCGA § 33-34-4 (a) (2), including a maximum funeral ben
We agree and reverse. We find that this case is controlled by Cannon, supra, as urged by appellant, as well as by this court’s decisions in Slack v. Superior Ins. Co., 198 Ga. App. 281 (401 SE2d 307) (1991); Georgia American Ins. Co. v. Burnsed, 196 Ga. App. 626 (396 SE2d 793) (1990), and Capes v. Bretz, 195 Ga. App. 467, 468 (1) (393 SE2d 702) (1990). “In Cannon, the Supreme Court held that ‘OCGA § 33-34-4 (c) authorizes the cumulation of coverages (“stacking”) up to a total sum of $5,000. However, (the claimant) cannot cumulate coverage under any policy without being an “insured” under that policy, as defined by OCGA § 33-34-4 (c). Because (the claimant [in Cannon]) was not an “insured” under her father’s policy with respect to this collision, she is eligible for no economic benefits under it.’ . . . [Cit.] Similarly, in the case sub judice, [appellee’s decedent, Shepard] is not an ‘insured’ under [her husband’s] policy because the vehicle [in which she was a passenger] was covered under [Huguley’s] policy and was thus ‘similarly insured’ under the construction of OCGA § 33-34-4 (c) given in Cannon, supra at 333-334 (3).” Slack, supra. Accordingly, the trial court erred by denying appellant’s motion for summary judgment. See Burnsed, supra at 627.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.