Roman v. Terrell
Court of Appeals of Georgia
1DissentDeen, Presiding Judge
I would not necessarily disagree with the majority’s contention that, as a matter of public policy, it might be preferable that punitive damages not be recoverable in an action for uninsured motorist benefits. It is the legislature, however, and not the courts, to which belongs the prerogative of incorporating public policy considerations into the laws which the courts are bound to uphold. It is what the law says, not what we might wish it to say, that is binding on the courts.
In the instant case the statutory language, when read according to the statutory directive, OCGA § 1-3-1 (b), plainly…
2Cases cited6 opinions
- State Farm Mutual Automobile Insurance v. MurphySupreme Court of Georgia · 1970
- Emory University v. PorubianskySupreme Court of Georgia · 1981
- Dacosta v. Allstate Insurance CompanyCourt of Appeals of Georgia · 1988
- State Farm Mutual Insurance Company v. KuharikCourt of Appeals of Georgia · 1986
- State Farm Mutual Automobile Insurance v. WeathersCourt of Appeals of Georgia · 1989
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