United States Fidelity & Guaranty Co. v. Preston

LAMBERT, Chief Justice.

In Georgia litigation between the estate of a Kentucky resident and an uninsured resident of Illinois, the jury apportioned fault 60% against the Kentucky decedent and 40% against the uninsured Illinois driver. Under the modified comparative fault scheme in Georgia, a finding of fault of 50% or more against a plaintiff precludes recovery. The issue in this declaratory judgment action between the estate of the decedent and its uninsured motorist insurance carrier is whether the outcome of the Georgia litigation precludes recovery under the uninsured motorist policy.

On…