Georgia Court of Appeals, 1993

Canal Indemnity Co. v. Allstate Insurance

Canal Indemnity Co. v. Allstate Insurance
Georgia Court of Appeals · Decided January 12, 1993 · Carley
207 Ga. App. 69; 427 S.E.2d 66; 93 Fulton County D. Rep. 250; 1993 Ga. App. LEXIS 67

Canal Indemnity Co. v. Allstate Insurance

Opinion of the Court

Carley, Presiding Judge.

The relevant facts in this appeal are as follows: Ms. Carol Holder was injured while operating a borrowed vehicle. This vehicle was covered by a policy issued by appellant-plaintiff. Appellant paid no-fault benefits to Ms. Holder and took from her an assignment of her right to recover those benefits under a policy that had been issued to her parents by appellee-defendant. Pursuant to this assignment, appellant brought suit against appellee. The trial court granted appellee’s motion to dismiss for failure to state a claim and appellant appeals.

Appellant is an insurer that provided no-fault benefits to Ms. Holder. Compare Santiago v. Safeway Ins. Co., 196 Ga. App. 480 (1) (396 SE2d 506) (1990) (wherein the assignee of the no-fault claim was a health-care provider and not a no-fault carrier). As an insurer that provided no-fault benefits to Ms. Holder, appellant cannot be subrogated to Ms. Holder’s rights except in the two instances specified in former OCGA § 33-34-3 (d) (1). Neither of those two specified instances are applicable in the instant case. It follows, therefore, that the trial court correctly granted appellee’s motion to dismiss for failure to state a claim.

Judgment affirmed. Pope, C. J., and Johnson, J., concur.

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