Fire & Casualty Insurance v. Government Employees Insurance

Beasley, Presiding Judge.

In April 1991, an automobile collision injured three persons insured by Government Employees Insurance Company (“GEICO”), which paid personal injury protection (“PIP”) benefits. In April 1993, GEICO sued Fire & Casualty Insurance Company of Connecticut (“FCICC”), insurer of the other involved vehicle, to recover the benefits paid. GEICO relied on former OCGA § 33-34-3 (d) (1) (A), which allowed subrogation in instances when one vehicle involved weighed more than 6,500 pounds unloaded. The weight threshold is not contested.

FCICC moved for summary judgment, arguing that…