Butts v. Georgia Casualty & Surety Co.

On Motion for Rehearing.

Plaintiff has filed a motion for rehearing in which he raises the issue of his entitlement to the remainder of funds not expended in the policy’s minimum PIP coverage. In essence, plaintiff asks for a partial summary judgment in the amount of $3,401, the remainder of minimum PIP coverage not paid to the deceased’s parents.

The complaint alleged that “[defendant [insurer] has failed and refused to pay the optional benefits that are lawfully due plaintiff . . . .” (Emphasis supplied.) The complaint prayed for $50,000 “personal injury protection benefits rightfully…