Bituminous Casualty Corp. v. Prudential Property & Casualty Insurance

Clarke, Justice.

This is an appeal from a final order awarding $25,000 to Prudential in a subrogation action arising under the Georgia Motor Vehicle Accident Reparations Act, Code Ann. Chap. 56-34B and particularly under § 56-3405b (d) (1) (Ga. L. 1978, p. 2075).

Prudential’s insured was involved in a collision with a vehicle weighing in excess of 6,500 pounds unloaded. This vehicle was operated by Bituminous’ insured. It was stipulated that Bituminous’ insured was legally liable. Prudential’s insured carried not only basic coverage on the vehicle he was operating but carried, in addition,…