Fillingame v. Cook

Deen, Judge.

1. Any automobile liability insurance policy which by its terms formerly allowed the insurer to settle claims against the insured (“the company may make such investigation and settlement of any claim or suit as it deems expedient”) by these terms created the relation of principal and agent between the parties, so that a release obtained by the insurer constituted a settlement by its insured, whether taken with or without the consent of the insured. Aetna Cas. &c. Co. v. Brooks, 218 Ga. 593 (129 SE2d 798).

2. Following the opinion in Brooks, supra, the legislature specifically…