Devore v. Liberty Mutual Insurance

Andrews, Presiding Judge.

At issue is whether an amended version of OCGA § 46-7-12 (c) allowing a direct action against the insurer of a motor common carrier, despite the failure to file prescribed forms evidencing the insurance policy, should be applied retroactively. Because applying the amended statute does not affect vested substantive rights, we find it has retroactive application. Accordingly, the trial court erred by refusing to give retroactive application to the statute and by refusing to allow a direct action against the motor carrier’s insurer, Liberty Mutual Insurance Company.

Kevin…