Federated Mutual Insurance v. Pate

Weltner, Justice.

Certiorari was granted to review Division 2 of the opinion of the Court of Appeals in Pate v. Federated Mut. Ins. Co., 173 Ga. App. 163 (325 SE2d 831) (1984), which held that a question of fact existed as to whether an insurance company had contracted to provide optional no-fault coverage to a policyholder, notwithstanding the inapplicability of Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (300 SE2d 673) (1983). A recitation of fact appears in the opinion of the Court of Appeals.

We agree with the dissenting Court of Appeals judges that an essential element of the purported…