Nalley v. Select Insurance Co.

Quillian, Presiding Judge.

This is an appeal from a summary judgment in favor of an insurer in an action to recover optional personal injury protection (PIP) benefits on an automobile insurance policy.

Mrs. Kay Nalley had a no-fault auto liability insurance policy with appellee insurer and was struck and killed by a hit and run driver. Appellants, Mrs. Nalley’s surviving children and the administrator of her estate, demanded payment of the basic and full optional PIP benefits under the policy, totalling $50,000, tendering the premium therefor. Appellee paid the basic $5,000 PIP but refused to…