Cotton States Mutual Insurance v. Lashley

Weltner, Justice.

Cotton States Mutual Insurance Company appeals from grant of the insured’s motion for partial summary judgment and from denial of its motion for summary judgment as to the issue of optional PIP benefits. The jurisdiction of this court is based upon certain constitutional claims, which we do not reach.

1. In December 1974, Mrs. Lashley’s husband returned to Shield Insurance Company a signed form by which he indicated that he did not want his insurance policy (first issued by Shield Insurance Company in 1973) to be amended to include optional PIP benefits. The form complied with…