Hall v. State Farm Mutual Automobile Insurance Company

Gregory, Justice.

Billy Howard Hall sued State Farm Mutual Automobile Insurance Company (State Farm) in the Superior Court of Stephens County on an automobile insurance policy. The trial court granted summary judgment for State Farm. Hall appealed to the Court of Appeals. The court was divided four votes to four, with one judge disqualified. Thereafter, the matter was transferred to this court in accordance with Art. VI, Sec. V, Par. V of the Constitution of the State of Georgia.

The issue is whether medical payment benefits are excess over $5,000 in benefits provided by OCGA § 33-34-4 (a) (2)…