Smith v. Commercial Union Assurance Co.

Nichols, Justice.

This court granted certiorari to review the decision of the Court of Appeals in Smith v. Commercial Union Assur. Co., 153 Ga. App. 38 (264 SE2d 530) (1980). The case involves an interpretation of the uninsured motorist statute (Code Ann. § 56-407.1.)

In 1976, appellant Smith was involved in an automobile accident allegedly caused by Samuel Lee Brown’s failure to stop for a traffic signal. The record indicates that Brown recovered $2,300.00 for property damage to his automobile from his insurance carrier, Southeastern Fidelity Insurance Company (Southeastern). Smith recovered…