Bennett v. National Union Fire Insurance

Benham, Judge.

Appellants (husband and wife) were injured when, while they were seated in their moving automobile, a third party intentionally discharged a firearm at them from without the car. Appellee insurance company had issued an automobile insurance policy to appellant David Bennett, providing for payment of personal injury protection (PIP) benefits accruing due to injuries “caused by an accident arising out of the operation, maintenance or use of a motor vehicle as a vehicle.” See also OCGA § 33-34-7 (a) (1). When appellee denied coverage for the injuries suffered, appellants brought…