Pennsylvania National Mutual Casualty Insurance v. Burnetti

1. By its holding in this case, the court has effectively eliminated the words, “as a result of being struck by the owner’s motor vehicle,” from OCGA § 33-34-7 (a) (3), thereby holding, in effect, that no-fault benefits may be recovered by any person who suffers an accidental bodily injury in this state in connection with the ownership, use or maintenance of an insured motor vehicle. This may or may not be an enlightened position as a matter of public policy, but it is unquestionably contrary to the plain wording of the statute.

Personal injury protection, or no-fault, insurance coverage was…