American Home Assurance Co. v. McCladdie

I respectfully dissent.

The majority concludes in Division 2 that, notwithstanding the *800clear language of OCGA § 33-34-5 (d) that “[t]he provisions of subsection (b) . . . requiring explanation of the optional coverages shall not apply upon the renewal ... of any policy,” subsection (b) nonetheless applies to the renewal policy in the case at bar. I cannot agree.

Prior to 1982, subsection (d) of OCGA § 33-34-5 (formerly Ga. Code Ann. § 56-3404b (d)) would have required the result reached by the majority, for at that time the statute provided that “[t]he optional coverage required to be offered…