State Farm Mutual Automobile Insurance v. Day

Birdsong, Judge.

State Farm Mutual Automobile Insurance Company appeals the grant of summary judgment to the plaintiff, who is next friend (and mother) of the deceased insured’s son, Jason Day. The summary judgment ordered State Farm to pay Jason Day one-half of the $25,000 no-fault insured survivor’s benefits.

Jason Day, by his next friend and mother (former spouse of deceased) filed a timely claim to share survivor’s benefits pursuant to OCGA § 33-34-5 (a) (2), but State Farm paid the entire benefit proceeds to the deceased insured’s present spouse, Elizabeth Day, pursuant to its own…