Mason v. International Indemnity Co.

Beasley, Judge.

Plaintiff appeals the grant of summary judgment to defendant on an optional no-fault benefits dispute. The trial court ruled that the mailed notice complied with OCGA § 33-34-5 (c) and that the insured had effectively rejected additional coverage by failing to respond.

We need not consider the issue of notice, however, as there is a more fundamental reason for affirming the grant of defendant’s motion for summary judgment. The record clearly reflects that plaintiff sued the wrong party; the claim is against the insurer and defendant is not the insurer. Plaintiff had moved the…