Painter v. Continental Insurance

Although I would still maintain the correctness of the dissenting opinion in Bone v. State Farm Mut. Ins., 215 Ga. App. 782 (452 SE2d 523) (1994), I agree with the majority that this is not a proper case in which to overrule that case.

In Bone the majority agreed with the trial judge that proof of “actual physical contact” had to be corroborated in order to satisfy the first alternative in OCGA § 33-7-11 (b) (2). They regarded the circumstantial evidence as insufficient corroboration. The dissent did not read the first statutory alternative as requiring corroborative evidence and regarded the…