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GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. BURCH et al.
A96A1223.
ANDREWS, Judge.
Action on policy. Henry Superior Court. Before Judge Smith.
The material facts are not in dispute. Farm Bureau issued a $25,000 liability policy to Ms. Robertson's mother. Ms. Robertson lived with her mother and was listed on the declarations sheet as an additional driver. She allowed Mr. Burch to drive her car, and she rode with him. He had an accident which, she claims in a lawsuit against him, caused her to suffer injuries. The Farm Bureau policy contains an exclusion which limits coverage for "bodily injury . . . to 'you' [the named insured] or any family member . . . (2) to the extent the limits of liability of this coverage exceed the limits of liability required by law. . . ." At the time of this accident, Georgia law required liability limits of $15,000 for bodily injury to or death of one person in one automobile accident. OCGA 33-34-4; 40-9-2.
On these facts, Farm Bureau's exclusion operates to limit its coverage obligation to $15,000. Ms. Robertson's only contention is that the exclusion violates public policy. It does not. Spivey v. Safeway Ins. Co., 210 Ga. App. 775, 778 (3) (437 SE2d 641) (1993). Even if we found the exclusion contrary to publiC policy, it would be enforceable as to amounts in excess of the statutory minimum coverage. Stepho v. Allstate Ins. Co., 259 Ga. 475, 477 (2) (383 SE2d 887) (1989). The judgment of the trial court is reversed and this case remanded with direction to enter judgment on behalf of Farm Bureau.
Garland & Milam, Richard G. Milam, Smith, Welch & Studdard, E. Gilmore Maxwell, Hawkins & Parnell, William H. Major III, Robert D. Brooks, Darrel L. Hopson, for appellees.
Fain, Major & Wiley, Charles A. Wiley, Jr., Kim M. Jackson, for appellant.
DECIDED SEPTEMBER 13, 1996.
Thursday May 21 05:35 EDT


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