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Publication Date

12-1990

Document Type

Survey Article

Abstract

After spending a quarter of .a century as a "court watcher" in these pages, this writer may be permitted to make some observations on the evolution of Georgia jurisprudence in the burgeoning field of insurance law. Since no clear. patterns commend themselves for jurimetric analysis, these observations are. necessarily impressionistic and even random. First, it is apparent the so-called "easy reading" or "simple English" policies, adopted by insurers in response to the.Parthenopean oratory of consumer groups, are winding their way through the courts. Professor Huber drafted the Swiss Civil Code at the turn of this century with the purpose of creating a simple Code every mail carrier could understand. He achieved this purpose, but failed to simplify the complexities in the Code's application. The Code and "Newspeak" of the new-wave policies were not unalloyed blessings. Although readily understood, they created their own problems. Vulcan Life Insurance Co. v. Davenport serves as a paradigmatic case on this point. The insured filed a claim against his health insurer for medical expenses incurred in an automobile collision. The collision occurred while his blood alcohol content was .19 percent. Subsequently, he pleaded guilty to the criminal charge of driving under the influence of alcohol.

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