ATLANTA CASUALTY COMPANY v. Powell

Carley, Judge,

In 1988, appellee-plaintiff Eddie James Powell (insured) applied for and was issued an automobile insurance policy by appellant-defendant Atlanta Casualty Company (insurer). The insured was subsequently injured in a vehicular mishap and he sought optional no-fault benefits from the insurer, asserting that the application form upon which his policy had been issued did not comply with the requirements of OCGA § 33-34-5 (b). When the insurer denied the claim, the insured brought the instant action to recover optional no-fault benefits. Cross-motions for summary judgment were filed.…