State Farm Mutual Automobile Insurance Company v. Lietz

Hall, Presiding Judge.

State Farm contends that under the terms of the policy, in order for the mother’s car to be a temporary substitute two things must be shown: first, that the daughter’s car was withdrawn from normal use, and second, that the withdrawal was because of its breakdown. It further contends that neither of these conditions was met, and as a matter of law, the mother’s vehicle could not be considered a temporary substitute.

There appears to be no Georgia case construing the phrase "withdrawn from normal use.” Other jurisdictions have decided the question variously. "Withdrawal of…