Legal Opinion · Dissent

State Farm Mutual Automobile Insurance v. Adams

Supreme Court of Georgia

Decided November 30, 2010No. S09G1710Published

1DissentBenham, Justice

I respectfully dissent because I believe State Farm is not entitled to a credit for the amount Nationwide paid Grady Hospital for its treatment of the injuries Mr. Adams sustained due to the negligent acts of the tortfeasor. OCGA § 33-7-11 (b) (1) (D) (ii) (2000) provides in pertinent part:. . . [Ajvailable coverages under the bodily injury liability insurance and property damage liability insurance coverages on [an under-insured or uninsured] motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of…

2Cases cited6 opinions

  1. Mason v. Home Depot U.S.A., Inc.Supreme Court of Georgia · 2008
  2. Smith v. Commercial Union Assurance Co.Supreme Court of Georgia · 1980
  3. Expedia, Inc. v. City of ColumbusSupreme Court of Georgia · 2009
  4. Hinton v. Interstate Guaranty InsuranceSupreme Court of Georgia · 1997
  5. Adams v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Georgia · 2009

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