Reynolds v. Transport Insurance

The dispute here centers upon the interpretation to be given a certain provision of the Georgia Motor Vehicle Accident Reparations Act, OCGA § 33-34-1 et seq. The provision in question is OCGA § 33-34-2 (8) which defines “occupying” as “to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.”

As is pertinent here, no-fault benefits are recoverable for accidental bodily injury sustained by a person other than the named insured, such as appellant here, “while occupying the owner’s motor vehicle if the accident occurs within the…