Employers Insurance v. Dawson

Sognier, Judge.

Warren Dawson was injured in a collision with a truck owned by Ray Thompson Trucking Company (“Thompson Trucking”), a motor contract carrier. He brought suit directly against Thompson Trucking’s liability insurer, Employers Insurance of Wausau, A Mutual Company (“Wausau”), pursuant to OCGA § 46-7-58 (e). The jury returned a verdict in favor of Dawson, and Wausau appeals.

The record reflects that appellee dismissed without prejudice his suit against Thompson Trucking, and that the statute of limitation subsequently ran as to the motor carrier. Appellant argues that because its…