Dees v. Logan

I concur fully in the majority’s holding that, when damages for personal injury are awarded in a tort action against an uninsured *818motorist, the uninsured motorist carrier cannot set off from that recovery the amount of workers’ compensation and similar benefits received by the insured. However, I write separately to further support the majority’s correct resolution of the issue.

The applicable provisions of former OCGA § 33-7-11 (a) (1) required that a motor vehicle liability policy issued in this state contain “an endorsement or provisions undertaking to pay the insured all sums which said…