Government Employees Insurance v. Sisk

Banke, Presiding Judge.

The appellee sued the appellant insurer to recover optional personal injury protection (PIP) benefits allegedly due her as a consequence of the insurer’s failure to comply with Ga. L. 1975, p. 3, § 1 (formerly codified as OCGA § 33-34-5 (c)), which required motor vehicle liability insurers to give existing policyholders an opportunity to accept or reject optional PIP coverage in writing. The trial court granted summary judgment to the insured and denied summary judgment to the insurer on the coverage issue, and the insurer brought this appeal.

The insurance policy in…