lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
DAVIS v. AUTO-OWNERS INSURANCE COMPANY.
A91A1077.
CARLEY, Presiding Judge.
Action on policy. Dougherty State Court. Before Judge Malone.
Appellant-plaintiff filed a claim for no-fault income benefits pursuant to an automobile liability insurance policy issued by appellee defendant. When appellee denied the claim, appellant initiated the instant action to recover not only those benefits, but also statutory penalties, attorney's fees, and punitive damages. Appellant appeals from the trial court's order granting appellee's motion for summary judgment.
When a claimant is seeking to recover no-fault income benefits pursuant to OCGA 33-34-4 (a) (2) (B) and he is paid periodically by the job rather than regularly at a fixed rate, he must "show that he had '. . . jobs waiting for him at the times he was unable to work [and] . . . what they were, [and] that . . . he did not have the opportunity later to do these jobs [.]. . .' [Cit.]" (Emphasis supplied.) State Farm Mut. Ins. Co. v. Moss, 152 Ga. App. 84, 85 (2) (262 SE2d 248) (1979). Obviously, appellant will have the opportunity later to sell such scrap metal as he already possesses and stores in his salvage yard. Construing the evidence most favorably for appellant, he has suffered, at most, a delay in such income or earnings as he derives from his inventory of scrap metal, rather than a compensable loss of any income or earnings. Accordingly, the trial court correctly granted summary judgment in favor of appellee.
Cannon & Meyer Von Bremen, William E. Cannon, Jr., for appellee.
Joseph M. Todd, for appellant.
DECIDED SEPTEMBER 13, 1991 -- RECONSIDERATION DENIED SEPTEMBER 27, 1991 -- CERT. APPLIED FOR.
Monday September 8 02:55 CDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com