Penny M. Tatum, F/k/a Penny M. Thompson v. Dairyland Insurance Company

KRAVITCH, Circuit Judge:

Appellant Tatum appeals from the district court's grant of summary judgment on her claim of right under Georgia law to optional no-fault personal injury protection (PIP) on her automobile insurance policy with appellee Dairyland Insurance Company. The sole issue on appeal is whether appellee’s offer of optional PIP was in substantial compliance with the requirements of O.C.G.A. § 33-34-5(b). We hold that appellee’s application form was not in substantial compliance with Georgia statutory requirements and that appellant has the right to claim the optional benefits.

The…