Whatley v. UNIVERSAL SECURITY INSURANCE COMPANY

Benham, Judge.

Appellant, the victim of an automobile accident, filed suit against the vehicle’s owner and the unknown driver and sought to recover uninsured motorist benefits under appellant’s own policy. Appellee, appellant’s insurance company, was served with the complaint and filed a petition for a declaratory judgment, alleging it was not liable to appellant for payment of the benefits sought. The basis for appellee’s denial of liability was that appellant had made a valid rejection of the uninsured motorist coverage in accordance with OCGA § 33-7-11 (a). After discovery, appellee moved…