Georgia Farm Bureau Mutual Insurance v. Southeastern Fidelity Insurance

Smith, Judge.

This case is before the court on the granting of an interlocutory appeal.

We hold that the trial court improperly granted appellee’s motion for summary judgment and that, since as a matter of law appellee’s insured had no rights to which appellee could be subrogated, the court should have granted appellant’s motion for summary judgment.

On May 25,1975, Vicki Rice suffered serious personal injuries as a result of a collision between her car and one driven by Barbara Hardeman, whose negligence undisputedly caused the accident. Hardeman’s liability insurer, the appellant, had issued…