Hinton v. Interstate Guaranty Insurance
Hinton v. Interstate Guaranty Insurance
Opinion of the Court
We granted certiorari in Hinton v. Interstate Guaranty Ins. Co.
Plaintiff Lynn Hinton suffered personal injuries when her car collided with a farm tractor owned by defendant Billy Kendrick. Kendrick and others were using the tractor to tow a 14-foot wide mobile home on a county road. The tractor was not registered as a motor vehicle and it was not covered by liability insurance. Hinton was insured by Interstate Guaranty Insurance Company (“IGIC”) and her policy provided uninsured motorist protection.
Hinton filed suit against Kendrick and the others who were assisting in moving the mobile home, and served IGIC with a copy of
The uninsured motorist statute defines an “uninsured motor vehicle” as a motor vehicle as to which there is either no, or insufficient, bodily injury liability insurance and property damage liability insurance. OCGA § 33-7-11 (b) (1) (D). The statute, however, does not define the term “motor vehicle.”
In the present case, the trial court and the Court of Appeals construed the term “motor vehicle” in the uninsured motorist statute to include only those motor vehicles that meet the definition of “motor vehicle” in OCGA § 33-34-2 (1), which Code section sets forth the type of vehicles required to have mandatory liability insurance under the “Georgia Motor Vehicle Accident Reparations Act.”
(1) “Motor vehicle” means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily' for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle.
Judge Johnson, however, did not agree with the majority of the Court of Appeals, concluding in his dissent that, for purposes of the uninsured motorist statute, this definition is too restrictive, in that it defeats the remedial purpose of the uninsured motorist statute and leads to absurd results.
The purpose of uninsured motorist legislation is to require some provision for first-party insurance coverage “to facilitate indemnification for injuries to a person who is legally entitled to recover damages from an uninsured motorist, and thereby to protect innocent victims from the negligence of irresponsible drivers.” 7 AmJur2d 934, 935, Automobile*518 Insurance, § 293. Uninsured motorist statutes are remedial in nature and must be broadly construed to accomplish the legislative purpose. Id. See Wages v. State Farm Mutual Auto. Ins. Co., 132 Ga. App. 79 (208 SE2d 1) (1974); see also McDaniel v. State Farm Mutual Auto. Ins. Co., 205 Va. 815 (139 SE2d 806) (1965).6
Limiting the definition of motor vehicle for purposes of the uninsured motorist statute to the definition set forth in § 33-34-2 (1) could lead to unjust and absurd results. For example, that limited definition would exclude motorcycles from the scope of § 33-7-11, as a motorcycle does not have three load-bearing wheels. Given that many motorcycles are designed to be driven primarily on the public highways and present a daily risk to other motorists, and given that motorcycles are themselves required by OCGA § 40-6-11 to be covered by the same insurance required for “motor vehicles” under OCGA § 33-34-1 et seq., it would be absurd to construe the term “motor vehicle” in the uninsured motorist statute so as to exclude motorcycles.
Further, and more importantly, the remedial purposes of the uninsured motorist statute mandate that the term “motor vehicle” be construed broadly to provide financial protection to innocent motorists who are injured by irresponsible drivers.
Other courts have reached this result. In Autry v. Aetna Life &c. Ins. Co. ,
to provide financial recompense to innocent persons who receive injuries through the wrongful conduct of motorists who are uninsured and financially irresponsible. Moore v. Insurance Co., 270 N.C. 532, 155 S.E.2d 128 (1967).
Construing “uninsured motor vehicle” in light of the foregoing, we must conclude that the term is intended to include motor vehicles which should be insured under the [Motor Vehicle Safety and Financial Responsibility] Act but are not, and motor vehicles which, though not subject to compulsory insurance under the Act, are at some time operated on the public highways. Only in these instances is the uninsured motorists provision serving its intended purpose of complementing the original Act and furthering the financial protection accorded thereby to persons injured by motor vehicles on the public highways.10
Further, in Chase v. State Farm Mut. Auto. Ins. Co.,
Moreover, a leading commentator on uninsured motorist coverage has endorsed the position that the term “motor vehicles” should include motor vehicles which are not subject to compulsory insurance but which are involved in accidents while “being operated on the public roads. Such a result would, of course, be consistent with what most observers and courts have viewed as an appropriate implementation of the public policy underlying the statutory mandate for the uninsured motorist coverage.”
For the foregoing reasons, we construe the term “motor vehicle” in OCGA § 33-7-11 broadly and remedially,
Judgment reversed.
220 Ga. App. 699, 702 (470 SE2d 292) (1996).
OCGA § 33-7-11.
Hinton v. Interstate Guaranty Ins. Co., 220 Ga. App. 699, supra.
OCGA §§ 33-34-1 to 33-34-8.
Hinton v. Interstate Guaranty Ins. Co., 220 Ga. App. at 703-705 (Johnson, J., dissenting).
Smith v. Commercial Union Assurance Co., 246 Ga. 50, 51 (268 SE2d 632) (1980).
Smith, 246 Ga. at 51.
For purposes of this appeal, we assume that the tractor was not required to have liability insurance.
242 SE2d 172 (N.C. App. 1978).
641 P2d 1305 (Ariz. 1982).
Widiss, A Guide to Uninsured Motorist Coverage, § 2.30 (1981 Supp.).
Smith, 245 Ga. at 51.
Dissenting Opinion
dissenting.
Although the uninsured motorist statute
The legislature has seen fit to require liability insurance for motor vehicles “having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads and highways and driven by power other than muscular power.” OCGA § 33-34-2 (1). Inasmuch as the farm tractor in this case was not “designed primarily for operation upon the public streets,” it does not meet this definition. Accordingly, I would hold
I am not led to a contrary conclusion simply because motorcycles are required to carry liability insurance. In fact, that requirement lends strength to my view that farm tractors are not uninsured motor vehicles. After all, if the legislature could go out of its way to expressly require motorcycles to carry liability insurance, it could have also required farm tractors used on a public highway to carry such insurance. However, the legislature specifically excluded tractors from such an insurance requirement. See OCGA § 40-6-11 which requires motorcycles to carry liability insurance and reads, in part: “For purposes of this Code section, ‘motorcycle’ means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.”
Relying solely on the remedial nature of the uninsured motorist statute, the majority would have us hold that any motor vehicle which is uninsured, and collides with another vehicle on a public road, is an “uninsured motor vehicle.” I believe that, in so doing, the majority enters the legislative realm without authority. Accordingly, I respectfully dissent.
See OCGA § 33-7-11 (b) (1) (D).
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