This survey period, from June 1, 2012 through May 31, 2013, proved eventful. Over the past year, state and federal courts in Georgia had occasion to interpret key provisions of Georgia's Insurance Code, address novel issues of first impression, and resolve disputes with significant policy implications for Georgia's insurance industry.
The following are among the more notable developments: (1) the Georgia Supreme Court formally extended application of the rule in State Farm Mutual Automobile Insurance Co. v. Mabry (the Mabry rule), which is the requirement that an insurer compensate an insured for his vehicle's diminished value resulting from an automobile accident, to real property insurance contracts; (2) the supreme court held that Georgia's insurance commissioner exceeded his authority by promulgating Rule 120-2-20-.02 of Georgia's Comprehensive Rules and Regulations, whereby he sought to extend the limitation period for first-party actions against insurers in connection with non-fire-related personal and real property losses to two years; and (3) the fundamental premise of Georgia's Uninsured Motorist Act' was reaffirmed by the Georgia Court of Appeals, holding that an injured party could not configure a settlement to recover compensation beyond the party's "actual injuries and losses."
Calloway, Dean A.
Mercer Law Review: Vol. 65:
1, Article 12.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol65/iss1/12