G & MSS TRUCKING, INC. v. Rich

I cannot agree with the majority’s main holding.

The case relied on by the majority, Bohannon v. J. C. Penney Cas. Ins. Co., 259 Ga. 162 (377 SE2d 853), has nothing to do with the Georgia Insurers Insolvency Pool, and nothing said in Bohannon applies to a case involving an insurer who “has become insolvent” OCGA § 33-36-2. The GIIP ensures that insurance is available when an insurer “has become insolvent” Id. It exacts an assessment against solvent insurers, and its availability to a plaintiff depends on that plaintiff’s diligence in exhausting first his rights against his own solvent insurer.…