National Indemnity Company v. Smith

Deen, Presiding Judge.

On June 4, 1975, either the appellee’s late husband or someone on his behalf applied for automobile insurance through Merritt & McKenzie Insurance Agency (Merritt & McKenzie), an independent insurance broker. The completed application was forwarded to the Georgia Insurance Commissioner under the assigned risk plan. See OCGA § 40-9-100. The appellant, National Indemnity Company, was randomly selected and required to issue automobile liability insurance based upon the application; the policy duly issued provided for $5,000 basic personal injury protection (PIP) and an…