A. Atlanta Autosave, Inc. v. Generali - U. S. Branch

Faced with a case of first impression concerning the scope of the conditional exemption contained in OCGA § 40-9-102, the majority concludes that a car rental agency which fulfills its duties under the statute so as to be entitled to the statutory exemption provided therein loses that exemption and must take on the role of insurance guarantor because the purpose behind OCGA § 40-9-102 and the public policy of Georgia require it. I respectfully disagree with the majority’s analysis and the conclusion it reaches. Accordingly, I dissent.

1. OCGA § 40-9-102 provides a mechanism by which the owner…