Maryland Casualty Insurance v. Johnson

Andrews, Judge.

The insurer appeals from the grant of the plaintiffs’ motions for partial summary judgment and denial of its own on the issue of compliance with OCGA § 33-34-5 (b)1 and demand for additional PIP (personal injury protection) coverage. This case previously appeared before us and was reversed due to lack of proof of demand and payment for increased benefits by the named insured, David P. Cole. Maryland Cas. Ins. Co. v. Johnson, 198 Ga. App. 328 (401 SE2d 75) (1991).

The trial court granted summary judgment to Johnson and Faglier after proof of demand and payment by Cole, finding…