Motors Insurance v. Auto-Owners Insurance

Andrews, Presiding Judge.

The primary issue in this appeal involves construction of the automobile insurance provision set forth in OCGA § 33-34-3 (d) which provides in general that, where a car owned by a car dealer engaged in the business of selling new or used cars is involved in an accident while being test-driven by a person who is neither the *662dealer-owner nor an employee of the dealer-owner, the test driver’s private automobile policy affords primary coverage and the dealer-owner’s automobile policy affords excess coverage. It is undisputed that the car at issue was owned by a dealer…