Georgia Farm Bureau Mutual Insurance v. Middleton

Banke, Judge.

Case No. 67973 is an appeal from a grant of partial summary judgment to the insured in yet another action to recover optional PIP benefits under the “continuing offer” theory first announced in Jones v. State Farm Mut. Auto. Ins. Co., 156 Ga. App. 230 (274 SE2d 623) (1980). The policy was applied for in August 1976, and the accident occurred in October 1979. The trial court concluded that the application did not comply with OCGA § 33-34-5, as it existed prior to the enactment of Ga. L. 1982, p. 1234, thus enabling the insured to claim optional PIP coverage in the amount of…