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Lawskills.com Georgia Caselaw
NATIONAL UNION FIRE INSURANCE COMPANY v. JOHNSON.
73646.
POPE, Judge.
Action on policy. Fulton State Court. Before Judge Lambros.
One of the copies of that endorsement which was produced during discovery was undated; another copy was dated March 29, 1985, just one day prior to the accident which forms the basis of plaintiff's complaint. Plaintiff argues, without citation to authority, that a mid-term rejection made on March 29, 1985 would not immediately cancel uninsured motorist coverage for the pending policy term which commenced January 1, 1985.
We find the June 12, 1984 letter from the insured instructing the issuing agent to make immediate changes to the automobile liability policy served as an effective rejection of uninsured motorist coverage. Such notice complies with the only statutory requirement for rejection of uninsured motorist coverage, namely, that such rejection be in writing. OCGA 33-7-11 (a) (3); see also Blalock v. Southern Ins. Co., 180 Ga. App. 319 (349 SE2d 32) (1986); Whatley v. Universal Security Ins. Co., 177 Ga. App. 424 (339 SE2d 398) (1986). If the legislature had intended any further formal requisites for the rejection of uninsured motorist benefits, we must presume it would have specified them. Cf. OCGA 33-34-5 (b). Once the insured makes a rejection of uninsured motorist coverage, the coverage need not be provided in a renewal policy issued to the insured by the same insurer. OCGA 33-7-11 (a) (3). Thus, since the insured in this case made a proper rejection of uninsured motorist coverage in 1984, it was not necessary for the insured to again reject such coverage when the policy was renewed. Nevertheless, the insured reiterated its rejection of uninsured motorist coverage by endorsement to the policy during the term in which the collision in question occurred. It is not necessary for us to determine whether an issue of fact was created as to the effective date of the endorsement rejecting coverage by reason of the differences between the two copies of the documents since coverage had been rejected earlier and no further rejection was necessary.
J. Blair Craig, James E. Hardy, for appellee.
Gene A. Major, Mark D. Belcher, for appellant.
DECIDED MAY 22, 1987.
Sunday October 12 17:20 CDT


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