Daniels v. Johnson
Daniels v. Johnson
Opinion of the Court
We granted certiorari to consider the scope of the requirement that a plaintiff exhaust available liability coverage as a prerequisite to recovery of uninsured motorist benefits. Because the plaintiff met the exhaustion requirement by settling his claim for the policy limits as stated in the policy, we reverse the Court of Appeals of Georgia.
Lawrence Daniels brought suit against Sheree Johnson for injuries arising out of an automobile accident that occurred in Georgia and served his uninsured motorist (UM) carrier. Johnson was covered personally by a $10,000 liability policy and her rental car was covered by a $10,000 policy from Chrysler Insurance through the rental car agency in New York. Daniels settled with Johnson’s insurance providers for $10,000 each and executed releases pursuant to OCGA § 33-24-41.1. Daniels then sought additional sums from his
1. The court of appeals correctly held that a party must exhaust available liability coverage before recovering under a UM policy. OCGA § 33-7-11 (b) (1) (D) (ii) specifically contemplates exhaustion by limiting the definition of uninsured to “the difference between the available coverages under the bodily injury liability insurance . . . and the limits of the uninsured motorist coverage.” Furthermore, the requirement of exhaustion is seen in the legislative scheme in OCGA § 33-24-41.1 (a), and (d), which provide that, when multiple insurance carriers are involved, a claimant may settle with one for “the limits of [the] policy” and grant a limited release without compromising claims under any other policy of insurance.
2. The limits of the Chrysler policy as stated in the policy were $10,000. We conclude that a settlement for the limits as stated in the policy satisfies the exhaustion requirement, even though under the deemer statute the Chrysler policy provides $15,000 in coverage. This rule is most consistent with the purpose behind OCGA § 33-24-41.1, the statute permitting a limited release.
The legislature enacted OCGA § 33-24-41.1 in 1992 to make meaningful the ability of a claimant to settle with the tortfeasor’s insurance carrier while preserving his UM claim.
The court of appeals relied on the increased coverage under the deemer statute to hold that Daniels failed to exhaust all available
The special concurrence would hold that any settlement for less than the policy limits satisfies the exhaustion requirement, as long as it is in good faith. Such a rule, however, would subvert the legislatively created exhaustion requirement. In enacting OCGA § 33-24-41.1, the legislature carefully preserved the exhaustion requirement by providing that a limited release under one policy will not compromise the claim under other policies when the settlement is for “the limits of such policy.”
For these reasons we hold that if the plaintiff settles for the limits of the policy as stated in the policy and executes a limited release in accordance with OCGA § 33-24-41.1, the plaintiff may pursue his UM claim. To balance the equities we also hold that the UM carrier may plead and prove the availability of coverage under the deemer statute and thus have its liability reduced by the amount the plaintiff waived under that statute.
Judgment reversed.
Daniels v. Johnson, 226 Ga. App. 789 (487 SE2d 504) (1997).
See Bankers Ins. Co. v. Taylor, 267 Ga. 134 (475 SE2d 619) (1996) (upholding constitutionality of OCGA § 33-34-3 (a) (2).
See 11 Ga. St. L. Rev. 200 (1994) (legislative history of OCGA § 33-24-41.1.).
Id.; Jenkins & Miller, Georgia Automobile Insurance Law § 13-5 (1997).
OCGA § 33-24-41.1 (a), (d).
Concurring Opinion
concurring specially.
I write separately because the rule fashioned today by the majority effectively precludes an insured from obtaining expeditious relief by settlement with the tortfeasor’s liability insurance carrier, and thus, is contrary to the very purpose of uninsured motorist coverage.
We granted review to consider the Court of Appeals’ determinations that plaintiff Daniels was required to exhaust available liability coverage as a condition precedent to a claim under his own policy for uninsured/underinsured motorist (UM) benefits, and that Daniels failed to do so. I agree that exhaustion of liability coverage is a statu
Uninsured motorist legislation is to provide for insurance coverage in order to facilitate indemnification for injuries to a person legally entitled to recover damages from an uninsured motorist, and thereby, protect innocent victims from the negligence of irresponsible drivers. Uninsured motorist statutes are, by nature, remedial and are to be broadly construed to accomplish the legislative goal. Hinton v. Interstate Guaranty Ins. Co., 267 Ga. 516, 517 (480 SE2d 842) (1997). As the majority acknowledges, the legislature enacted OCGA § 33-24-41.1, allowing a limited release, in order to provide a meaningful mechanism whereby a claimant/insured could settle with the tortfeasor’s insurer and still avail himself of his UM coverage. Thus, for the purpose of the exhaustion requirement, an insured who enters into a good faith settlement with a tortfeasor’s liability insurance carrier should be considered to have received the liability policy limits and thus, eligibility for uninsured/underinsured motorist coverage. Otherwise, the insured is effectively barred from settling his claim against the tortfeasor for an amount less than the tortfeasor’s limits of liability, or he suffers the penalty of completely forfeiting UM benefits. Other jurisdictions have reached similar conclusions. See, e.g., In re Estate of Rucker, 442 NW2d 113 (Iowa 1989); Schmidt v. Clothier, 338 NW2d 256 (Minn. 1983). The reasoning is that to require an insured to litigate every claim to obtain coverage limits would defeat both the important policy favoring settlement of lawsuits and the underlying compensatory purpose of uninsured motorist coverage by delaying the payment of claims and by increasing the costs and burdens borne by the insured in attempting to obtain compensation. Appleman, 8C Insurance Law & Practice, § 5108. Such a rule balances public policy concerns with the interests of both the insurer and the insured. It does so by allowing the insured to settle with the tortfeasor for less than the limits of the tortfeasor’s liability insurance and still obtain UM benefits, but requiring that liability for UM coverage is triggered only when the insured’s damages exceed the actual limit of the tortfeasor’s liability insurance. The insured is held responsible for any gap between the amount of the settlement and the tortfeasor’s liability limits. Id. This result comports with the express definition of available coverages contained in OCGA § 33-7-11 (b) (1) (D) (ii). What is more, it is powerful motivation for the insured to obtain the maximum possible settlement, in accord with the letter and spirit of the exhaustion requirement. When he does so,
The Daniels obtain relief today because of the peculiar circumstances of their case, but the harsh line drawn by the majority ensures that other policyholders will not be so fortunate.
I am authorized to state that Chief Justice Benham and Justice Hunstein join in this special concurrence.
Reference
- Full Case Name
- DANIELS Et Al. v. JOHNSON
- Cited By
- 19 cases
- Status
- Published