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Publication Date

12-2017

Document Type

Survey Article

Abstract

During this survey period, the Georgia state and federal courts decided questions of first impression related to uninsured motorist (UM) coverage holding that, although umbrella policies are no longer required to provide UM coverage, the statutory notice requirements must be strictly followed before such coverage can be dropped in a renewal and that the "vertical exhaustion requirements" contained in excess policies do not violate the UM statute. Another first impression decision involved the correct interpretation of the statute providing for pre-suit offers in motor vehicle injury cases and whether timely payment may be a condition of acceptance. Other cases decided in this period included decisions addressing the interpretation, enforcement and reformation of policy language, whether use of a vehicle in violation of company policy is contrary to coverage for a permissive user, single versus multiple occurrences, and exclusions from coverage.

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