Davis v. Kaiser Foundation Health Plan of Georgia, Inc.

Benham, Chief Justice.

This case presents for consideration the issue left open by this Court’s decision in Duncan v. Integon Gen. Ins. Corp., 267 Ga. 646 (482 SE2d 325) (1997): whether this State’s public policy of complete compensation prevents enforcement of an insurance policy provision which expressly modifies the complete compensation rule. In Duncan, this Court stated the public policy of complete compensation as follows: “Georgia public policy strongly supports the rule that an insurer may not obtain reimbursement unless and until its insured has been completely compensated for his…