VFH Captive Insurance Co. v. Pleitez

Adams, Judge.

This appeal presents a question of first impression concerning the interplay between the Georgia Captive Insurance Company Act (“CICA”), OCGA § 33-4-1 et seq., and OCGA § 33-7-11, the uninsured motorist statute.

The underlying facts of this case, which are undisputed, show the following: plaintiff/appellee Rigoberto Pleitez was a taxi cab driver. On May 25, 2007, his cab had a flat tire while he was driving on 1-85. Pleitez pulled over into the gore area to change the tire, where he was struck by a vehicle driven by defendant Mynor Perez-Barrios, who is not a party to this appeal;…